Privacy Policy
The Vancouver Maritime Centre for Climate (“VMCC”) recognizes the importance of privacy and the sensitivity of personal information. This Privacy Policy (“Policy”) explains how VMCC collects, uses and discloses personal information, and outlines the principles and practices that VMCC will follow in order to protect personal information. VMCC will ensure the accuracy, confidentiality, and security of personal information, as well as follow legal requirements to allow individuals to request access to and correction of their personal information.
SCOPE
This Policy applies to all personal information collected, used, disclosed, and retained in any form by VMCC about VMCC society members, non-members (including directors, employees, independent contractors, volunteers, and other individuals involved with VMCC).
The application of this Policy is subject to the requirements and provisions of applicable federal and provincial privacy legislation and any other applicable legislation or regulations. VMCC may change the terms of this Policy from time to time and will make available any updated version of this Policy.
ACCOUNTABILITY
VMCC is accountable and responsible for personal information in its possession or control. To ensure accountability:
(a) all directors, employees, independent contractors, and volunteers are informed about this Policy;
(b) VMCC has designated a Privacy Officer who ensures day-to-day compliance with the Policy; and
(c) VMCC will seek assurances regarding the privacy of personal information that has been transferred to a third party for use or processing, by requiring that those third parties safeguard all personal information as required by law.
SECURITY OF PERSONAL INFORMATION
VMCC has implemented procedures to protect the privacy of personal information with safeguards appropriate to the sensitivity of the information. For example, VMCC will safeguard personal information in its possession or control from loss or theft and from unauthorized access, use, disclosure, copying or modification through appropriate security measures.
As well, VMCC will use care when destroying or disposing of personal information to prevent unauthorized access, use or disclosure of any personal information.
VMCC’s directors, society members, employees, independent contractors, and volunteers with access to personal information are required to respect the confidentiality of such information.
NOTICE AND CONSENT
VMCC will generally obtain consent from individual society members, non-member participants and others regarding the collection, use or disclosure of personal information as required by law.
VMCC will provide notice to its directors, society members, employees and volunteers before collecting, using or disclosing personal information reasonably necessary for establishing, managing, or concluding the employment or volunteer relationship. Notice may be express, constructive or implied in the circumstances.
In seeking consent or in giving notice, VMCC will explain the purposes for which personal information will be collected, used or disclosed. The purposes may be expressed orally or in writing.
Generally, notice will be given or consent will be obtained before or at the same time VMCC collects the information, except as may be required or permitted by law. In some cases, VMCC may seek a society member or organizations individual’s consent for the use and disclosure of their information after it has been collected, but before it has been used or disclosed, for example, where it wants to use personal information for a purpose not previously identified to the individual.
In determining the appropriate form of consent, VMCC will consider the sensitivity of the personal information and the reasonable expectations of the individual.
Consent can be implied where the purpose for collecting, using or disclosing the personal information would be considered obvious to a reasonable person, and where an individual voluntarily provide their personal information for that purpose. Consent may also be implied where an individual is given notice and a reasonable opportunity to opt out of their personal information being used or disclosed, and the individual does not opt out.
Individual may withdraw their consent at any time by giving VMCC reasonable notice, but consent may not be withdrawn where doing so would frustrate performance of a legal obligation (such as a contract between the individual and VMCC).
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
VMCC may collect personal information using a variety of means, including written and verbal communications and through its website.
VMCC may generally collect, use or disclose society member personal information for the reasonable purposes of establishing, managing or terminating the society member relationship between VMCC and the society member. In addition, VMCC also collects, uses and discloses personal information for the following purposes:
(a) to establish and maintain relations with society members, non-members, directors, employees, independent contractors and volunteers;
(b) to understand the needs and preferences of society members, non-members, directors, employees, independent contractors and volunteers;
(c) to develop, market or provide products and services to meet the needs or expectations of society members and non-member participants;
(d) to maintain complete and accurate society membership files for business purposes (e.g. membership renewals, communication with society members, voting, and newsletter dissemination).
(e) to manage and develop business and operations, including personnel and employment matters, and billing for goods and services;
(f) to meet legal and regulatory requirements;
(g) to comply with lawful requests from government agencies (e.g. Revenue Canada); and
(h) such additional purposes that are identified to an individual.
On request, persons collecting personal information will elaborate on the purpose or object for such collection or refer the individual to the designated person who can do so.
VMCC may also disclose personal information to third parties such as its agents, suppliers and/or service providers with whom it has contracted to provide certain services. For example, VMCC uses third party service providers to process and store its information, which includes personal information. The third parties will have access to personal information needed to perform their functions, but are only provided the limited amount of information required to perform their services or functions. When VMCC uses agents, suppliers and/or service providers, it requires them to protect personal information in accordance with the law and with the same or more stringent security and privacy standards than VMCC. Any such disclosure of personal information by VMCC to a third party will be conditional upon the information being used solely for the purpose for which it has been disclosed. If an individual does not wish VMCC to provide their personal information to a third party, there may be situations where VMCC will be unable to provide that individual with products and services.
Personal information will not be used or disclosed for any new purpose without first identifying the new purpose and providing notice to the society member or obtaining the consent of the individual or organization as applicable, unless permitted by law. Some examples of collection, use or disclosure of personal information without notice or consent may include circumstances where:
(a) seeking the consent of the individual or organization might defeat the purpose of collecting the information, such as in the investigation of a breach of an agreement or law;
(b) it is clearly in the individual or organization’s best interest and notice or consent cannot be obtained in a timely manner;
(c) in the reasonable judgment of VMCC, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information to a public authority or agent of a public authority; and
(d) it is to a lawyer representing VMCC, to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.
RETENTION OF PERSONAL INFORMATION
If personal information has been used to make a decision about a society member or another organization, VMCC will keep the personal information for at least one year after VMCC has made that decision, to allow the society member or organization to have access to it after the decision has been made. Subject to this one-year retention requirement, VMCC will only retain personal information for as long as necessary to fulfill the identified purposes, or for as long as required for a legal or business purpose.
VMCC will maintain controls, schedules, practices and procedures for retention and destruction of personal information.
ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
VMCC is open about this Policy and will make this Policy available to society members, non-member participants, directors, employees, independent contractors, and volunteers, and to other individuals upon request. On request, VMCC will also advise if and how a society member or organization can access their personal information.
In order to obtain access to the personal information VMCC has in its possession and control relating to a society member or organization, that society member or organization should make a written request to VMCC’s Privacy Officer. The written request must provide sufficient detail to allow VMCC to identify the personal information being sought. Unless exempted by law, VMCC will provide the society member or organization with access to their personal information under VMCC’s possession or control and an accounting of the collection, use and disclosure of their personal information.
In some cases, VMCC may not provide access to personal information that it holds about a society member or organization. Examples of this include:
(a) it is work product information and/or disclosing the personal information could reveal confidential commercial or corporate information;
(b) if the personal information is protected by solicitor-client privilege;
(c) where the denial of access is authorized by law;
(d) where information relates to existing or anticipated legal proceedings against the society member or organization making the request;
(e) where the information is collected for purposes of an investigation or the information is the result of an arbitration or other formal dispute resolution process;
(f) where it is necessary to protect VMCC’s rights and property or the rights and property of associated organizations, affiliates, or individuals; or
(g) where the request is frivolous or vexatious.
VMCC will also not provide access to personal information that:
(a) could reasonably be expected to threaten the safety or physical or mental health of a society member or organization other than the society member or organization who made the request;
(b) could reasonably be expected to cause immediate or grave harm to the safety or to the physical or mental health of the society member or organization who made the request;
(c) would reveal personal information concerning another society member or organization; or
(d) would reveal the identity of a society member or organization who has provided personal information concerning another society member or organization and the society member or organization providing the personal information does not consent to disclosure of their identity.
If VMCC denies society member or organizations request for access to personal information, it will advise the society member or organization of the reason for the refusal, and will provide the name, title, and contact information of the designated person who can address the refusal.
VMCC will use reasonable efforts to ensure that personal information is accurate and complete for the purposes for which it is to be used. A society member or organization is permitted to challenge the accuracy and completeness of their personal information and, in appropriate circumstances, VMCC will amend its records. Any differences as to accuracy or completeness that cannot be resolved will be noted in the society member or organizations file, if applicable.
COMPLIANCE
Directors, society members, organizations, employees, independent contractors and volunteers are expected to comply with this Policy at all times. In particular, employees, independent contractors and volunteers must comply with this Policy when handling the personal information of third parties in the course of their employment or engagement with VMCC, as applicable. Any breach of this Policy by an employee is grounds for discipline and may result in termination of employment. Any breach of this Policy by a society member, organization, contractor or volunteer is grounds for termination of the individual’s engagement with VMCC.
VMCC will not dismiss, suspend, demote, harass or otherwise disadvantage an employee or other individual, society member, organization or contractor because the individual, acting in good faith, has invoked or may invoke, the provisions of this Policy or any applicable legislation.