SOFTBALL CANADA PRIVACY POLICY

Purpose of this Policy

1. Privacy of personal information is governed by the Personal Information Protection and Electronics Documents Act (“PIPEDA”). This policy describes the way that SOFTBALL CANADA collects, uses, retains, safeguards, discloses and disposes of personal information, and states SOFTBALL CANADA’s commitment to collecting, using and disclosing personal information responsibly. This policy is based on the standards required by PIPEDA, and SOFTBALL CANADA’s interpretation of these responsibilities. 

Background

2. Our organization, SOFTBALL CANADA, is the governing body for the sport of Softball in Canada, and is duly recognized by the Government of Canada as the sole National Sport Governing Body.

Personal Information

3. Personal information is information about an identifiable individual. Personal information includes information that relates to their personal characteristics (e.g., gender, age, income, home address or phone number, ethnic background, family status), their health (e.g., health history, health conditions, health services received by them) or their activities and views (e.g., religion, politics, opinions expressed by an individual, an opinion or evaluation of an individual). Personal information, however, does not include business information (e.g., an individual’s business address and telephone number), which is not protected by privacy legislation. 

Accountability

4. The CEO is the Privacy Officer and is responsible for the monitoring information collection and data security, and ensuring that all staff receive appropriate training on privacy issues and their responsibilities. The Privacy Officer also handles personal information access requests and complaints. The Privacy Officer may be contacted at the following address: 223 Colonnade Road, Suite 212, Ottawa Ontario, K2E 7K3.

Purpose

5. Personal information will only be collected by SOFTBALL CANADA to meet and maintain the highest standard of organizing and programming the sport of Softball. SOFTBALL CANADA collects personal information from prospective members, members, coaches, umpires, participants, support staff and volunteers for purposes that include, but are not limited to, the following:

a) Name, address, phone number, cell phone number, fax number and e-mail address for the purpose of communicating about SOFTBALL CANADA’s programs, events and activities.  
b) NCCP number, education, resumes and experience for database entry at the Coaching Association of Canada to determine level of certification and coaching qualifications.  
c) Credit card information for registration at conferences, travel administration, and purchasing equipment, coaching manuals and other products and resources.   
d) Date of birth, athlete biography, and member club to determine eligibility, age group and appropriate level of play.  
e) Banking information, social insurance number, criminal records check, resume, and beneficiaries for SOFTBALL CANADA’s payroll, company insurance and health plan. 
f) Criminal records check and related personal reference information for the purpose of implementing SOFTBALL CANADA’s volunteer screening program.
g) Personal health information including provincial health card numbers, allergies, emergency contact and past medical history for use in the case of medical emergency.
h) Athlete information including height, weight, uniform size, shoe size, feedback from coaches and trainers, performance results for athlete registration forms, outfitting uniforms, media relations, and various components of athlete and team selection. 
i) Athlete whereabouts information including sport/discipline, training times and venues, training camp dates and locations, travel plans, competition schedule, for Canadian Centre for Ethics in Sport inquiries for the purposes of out-of-competition drug testing. 
j) Body weight, mass and body fat index to monitor physical response to training and to maintain an appropriate weight for competition.  
k) Marketing information including attitudinal and demographic data on individual members to determine membership demographic structure, and program wants and needs. 
l) Passport numbers and Aeroplan/frequent flyer numbers for the purposes of arranging travel.
m) Name, address, phone number, cell phone number, fax number and e-mail address for the purpose of providing insurance coverage, managing insurance claims and conducting insurance investigations.

6. If a purpose has not been identified herein, SOFTBALL CANADA will seek consent from individuals when personal information is used for a purpose not already consented to. This consent will be documented as to when and how it was received.

Consent

7. Consent is required to be obtained by lawful means from individuals at the time of collection, prior to the use or disclosure of the personal information.  If the consent to the collection, use or disclosure was not obtained upon receipt of the information, consent will be obtained prior to the use or disclosure of that information.  SOFTBALL CANADA may collect personal information without consent where reasonable to do so and where permitted by law.

8. By providing personal information to SOFTBALL CANADA, individuals are consenting to the use of the information for the purposes identified in this policy.  

9. SOFTBALL CANADA will not, as a condition of a product or service, require an individual to consent to the collection, use or disclosure of information beyond that required to fulfill the specified purpose.   

10. An individual may withdraw consent to the collection, use or disclosure of personal information at any time, subject to legal or contractual restrictions, provided the individual gives one week’s notice of such withdrawal to SOFTBALL CANADA. The Privacy Officer will advise the individual of the implications of such withdrawal. 

Limiting Collection

11. All personal information will be collected fairly, by lawful means and for the purposes as specified in this policy. SOFTBALL CANADA will not use any form of deception to obtain personal information.

Limiting Use, Disclosure and Retention

12. Personal information will not be used or disclosed by SOFTBALL CANADA for purposes other than those for which it was collected as described herein, except with the consent of the individual or as required by law.

13. Personal information will be retained for certain periods of time in accordance with the following:

a) Registration data and athlete information will be retained indefinitely after an individual has left a program of SOFTBALL CANADA, in the event that the individual chooses to return to the program and for archival purposes;
b) Parental/family information will be retained for a period of three years after an individual has left a program of SOFTBALL CANADA, in the event that the individual chooses to return to the program;
c) Information collected by coaches will be retained indefinitely after an individual has left a program of SOFTBALL CANADA, in the event that the individual chooses to return to the program and for archival purposes. 
d) Employee information will be retained for a period of seven years in accordance with Canada Customs and Revenue Agency requirements. 
e) Personal health information will be immediately destroyed when an individual chooses to leave a program of SOFTBALL CANADA.
f) Marketing information, related specifically to individuals, will be immediately destroyed upon compilation and analysis of collected information.  
g) As otherwise may be stipulated in federal or provincial legislation.

14. Personal information that is used to make a decision about an individual will be maintained for a minimum of one year of time to allow the individual access to the information after the decision has been made. 

15. SOFTBALL CANADA may disclose personal information to a government authority that has asserted its lawful authority to obtain the information or where SOFTBALL CANADA has reasonable grounds to believe the information could be useful in the investigation of an unlawful activity, or to comply with a subpoena or warrant or an order made by the court or otherwise as permitted by applicable law. 

16. Documents will be destroyed by way of shredding or secure destruction and electronic files will be deleted in their entirety. When hardware is discarded, SOFTBALL CANADA will ensure that the hard drive is physically destroyed. 

Accuracy

17. SOFTBALL CANADA will use accurate and up-to-date information as is necessary for the purposes for which it is to be used, to minimize the possibility that inappropriate information may be used to make a decision about an individual.

Safeguards

18. Personal information is protected by security safeguards appropriate to the sensitivity of the information against loss or theft, unauthorized access, disclosure, copying, use or modification. 

19. Methods of protection and safeguards include, but are not limited to, locked filing cabinets, restricted access to offices, need-to-know access and technological measures including the use of passwords, encryption and firewalls. 

20. The following steps will be taken to ensure security:
a) Paper information is either under supervision or secured in a locked or restricted area.
b) Electronic hardware is either under supervision or secured in a locked or restricted area at all times. In addition, passwords are used on computers. 
c) Paper information is transmitted through sealed, addressed envelopes or in boxes by reputable courier/delivery companies.
d) Electronic information is transmitted either through a direct line or is encrypted.
e) Staff are trained to collect, use and disclose personal information only as necessary to fulfill their duties and in accordance with this policy.
f) External consultants and agencies with access to personal information will provide SOFTBALL CANADA with appropriate privacy assurances.

Openness

21. SOFTBALL CANADA will publicize information about its policies and practices relating to the management of personal information. This information is available through this policy, on SOFTBALL CANADA’s web site or upon request by contacting the Privacy Officer. The name, business address, phone, fax and email address of the Privacy Officer will be available to the public.

Individual Access

22. Upon written request, and with assistance from SOFTBALL CANADA, an individual may be informed of the existence, use and disclosure of his or her personal information and will be given access to that information.  As well, an individual is entitled to be informed of the source of the personal information along with an account of third parties to whom the information has been disclosed.

23. Requested information will be disclosed to the individual within 30 days of receipt of the written request at no cost to the individual, or at nominal cost relating to photocopying expenses, unless there are reasonable grounds to extend the time limit.

24. If personal information is inaccurate or incomplete, it will be amended as required. 

25. An individual may be denied access to his or her personal information if:
a) This information is prohibitively costly to provide;  
b) The information contains references to other individuals;
c) The information cannot be disclosed for legal, security or commercial proprietary purposes;
d) The information is subject to solicitor-client or litigation privilege.

26. Upon refusal, SOFTBALL CANADA will inform the individual the reasons for the refusal and the associated provisions of PIPEDA. 

Challenging Compliance

27. An individual may challenge SOFTBALL CANADA’s compliance with this policy and PIPEDA, by submitting a challenge in writing.

28.  Upon receipt of a written complaint, SOFTBALL CANADA will:

a) Record the date the complaint is received;
b) Notify the Privacy Officer who will serve in a neutral, unbiased capacity to resolve the complaint;
c) Acknowledge receipt of the complaint by way of telephone conversation or registered mail/courier and clarify the nature of the complaint within fourteen days of receipt of the complaint;
d) Appoint an investigator using SOFTBALL CANADA personnel or an independent investigator, who will have the skills necessary to conduct a fair and impartial investigation, and who will have unfettered access to all files and personnel, within twenty-eight days of receipt of the complaint.
e) Upon completion of the investigation and within 45 days of receipt of the complaint, the investigator will submit a written report to SOFTBALL CANADA.
f) Notify the complainant of the outcome of the investigation and any relevant steps taken to rectify the complaint, including any proposed amendments to policies and procedures, within 60 days of receipt of the complaint.  

29. An individual may appeal a decision made by SOFTBALL CANADA under this Policy, in accordance with SOFTBALL CANADA’s policies for appeals.

 

Copyrights on Printed and Visual Materials

Introduction

1. As our production of printed and electronic material and the market usage of logo`s, trademarks, photographs, videos, and other property increases, there is a growing need to establish and enact controls over property ownership.

Policy Objectives

2. The objectives of this policy are:

a) To briefly highlight the fundamentals of copyright law;
b) To outline Softball Canada`s copyright policy on printed/electronic materials;
c) To outline Softball Canada`s copyright policy on visual materials;
d) To specify internal procedures, controls and responsibilities for this policy.

Fundamentals of Copyright Law

3. Canadian copyright law currently dates from the 1920`s and in many cases has not kept in step with the advent of the photocopier, video/audio tape recorder or computer/internet. Nevertheless, certain principles may be taken to apply under current circumstances of which two are of primary interest.

a) In accordance with certain international conventions, the primary copyright to any creative (print, visual, electronic) work rests with the creator/author Copyright is automatic, and does not necessarily require a legal "registration", although this may be useful if ever required to prove an infringement claim. Under this concept, the commercial reproduction (for profit) of a copyright work would be illegal.

b) In practice, however, it has also come to be recognized that work produced by full time employees of a corporation belongs to the business where it can be shown that the production of such work is within the reasonable scope of the duties of the paid employee. For example, the copyright for the Supervisor`s Handbook belongs to Softball Canada and not its author. This of course raises some interesting gray areas, particularly when considering the contracting of special projects both internally and externally.

4. The identification of copyright requires no special legal involvement except where it is deemed appropriate to register a work. Staff are requested to keep this in mind, particularly in the production of specific technical and/or program materials which may be of value in a commercial publication.

5. The specific copyright protocol for printed, electronic and visual materials are identified hereinafter

Contracting Internal Services

6. Many volunteers provide their time and expertise to Softball Canada through participation on standing and Ad Hoc committees, for the purposes of preparing written or photographic (visual) materials. In the majority of such cases, where Softball Canada is paying for such services, it shall be policy that the works created shall be the sole property of Softball Canada. In future this must be specified in writing through the use of the Copyright Waiver presented in Schedule I.

7. The Copyright Waiver shall be signed by the authorized Staff person responsible. In a few cases where such rights may require a negotiated "royalty", or some other special arrangement, the approval of the Chief Executive Officer shall also be required.

Contracting Outside Services

8. From time to time it is necessary to contract the services of outside agencies, individuals and consultants for the purpose of preparing written, electronic or photographic (visual) materials. In the majority of such cases, where Softball Canada is paying for such services, it shall be policy that the works created shall be the sole property of Softball Canada and the policy and procedures as set out in Contracting Internal Services shall apply.

Policies for Printed Materials

9. The term "printed materials" is taken to include the following:

a) Written policies & procedures
b) Web Site or electronic documents
c) Instructional Manuals
d) Strategic Planning papers
e) Reports & Proceedings
f) Articles
g) Computer software (in printed & code form)
h) Marketing proposals & supporting presentation materials
i) Brochures
j) Press Books and Media Guides
k) Contracts
l) Other equivalent materials

9. On all "new" materials, and during the process of updating or revising existent materials, the following shall be included conspicuously on each document:

C SOFTBALL CANADA (DATE)

10. All such items produced by full-time staff and appointed volunteers of Softball Canada shall be the exclusive property of Softball Canada, pursuant to the terms and conditions set out herein, unless other specific, written contractual arrangements have been made and approved, in advance, by the Chief Executive Officer.

11. Staff and appointed volunteers shall be notified of this copyright policy by their Supervisor (most immediate Staff person responsible) as a condition of their employment and/or appointment. Such knowledge and acceptance of these terms shall be evidenced by the signing of the Blanket Copyright Waiver presented in Schedule 11.

12. In the case of items which may be widely distributed, and in the judgement of each Staff person responsible, be potentially subject to unauthorized reproduction, the following additional phraseology shall be affixed:

The printed material contained herein is the sole property of Softball Canada and may not be reproduced for any purposes without the express written consent of Softball Canada.

13. In the circumstances wherein we may have cause to use printed material, which is not clearly the property of Softball Canada, it shall be necessary to secure the written permission of the author/creator.

Policies for Photographic Materials

14. The term photographic" materials is taken to include the following:

a) Still photographs including negatives, diapositives, slides, prints and reproductions (in both colour and/or B & W)
b) Videotape images
c) Motion picture film images
d) Artwork (likenesses & caricatures)
e) Display arrangements (montages, etc.)
f) PMT`s
g) Logo design & trademarks in any form 
h) Posters, calendars
i) Advertising layouts
j) Story boards
k) Computer graphic visual displays (binder covers, etc.)
1) Audio tape reproductions

15. It is recognized that the reproduction of these materials for "news" purposes cannot generally be construed as a copyright infringement. In this context the term "news" is meant to convey a reasonable usage of such materials (visually still photos or videotape) for such applications as:

a) Daily newspaper sports or feature coverage.
b) Magazine articles and editorials.
c) Television or radio news broadcasts and features.
d) Newsletters
e) Website
f) Email or other electronic display

16. In general, the determination of "copyright" infringement can best be judged on the degree of commercial application of the images. if a photo is to be reproduced as part of a newspaper advertisement for the sale of a product, as opposed to illustrating a sport story then it more clearly involves a copyright policy consideration.

17. In general, the same provision applies for photographic materials as for printed material with the following additional elements:

a) Photographs distributed for news purposes must be affixed with the following notice (stamp or sticker).

b) When used for any purposes such photographs may not be altered in any way (i.e. air brushing of sponsor names).

c) Where appropriate, when used for news purposes, a photo credit may be required.

18. The notice to be affixed to photographs shall be as follows:

This photographic material is the sole property of Softball Canada. Any alterations or reproduction for commercial or advertising purposes is prohibited without the express written consent of Softball Canada.

19. Effective immediately, the Chief Executive Officer shall be responsible for the enactment of this policy, as delegated hereunder.

20. The Program Director - Marketing shall:

a) Be the sole point of contact for the distribution of photographic materials for news or editorial purposes. All other staff, in other departments shall forward such requests to the Program Director - Marketing.

b) Be responsible to ensure the "ownership" of photographic materials to the used for news purposes is clear before authorizing usage by any outside agency.

c) Be responsible to ensure the photographic materials are properly identified in accordance with this policy.

d) Be responsible to ensure that any Softball Canada work (for news purposes) contracted out (at our expense) includes written assignment of copyright to Softball Canada. in accordance with this policy.

21. The Program Director - Marketing shall be responsible for the above activities insofar as photographic materials to be used for commercial and advertising purposes.

22. The Program Director - Marketing shall be responsible to ensure that the copyrights on materials produced outside Softball Canada (but not paid for) are properly protected and used only in accordance with the intent of the creators (owners). This may require written releases duly signed by the appropriate parties.

23. Individual middle management Staff shall be responsible for the enactment of this policy on all materials (print and photographic) within their jurisdiction. The Program Director - Marketing shall be kept informed of all matters pertaining to the application of this policy. Where appropriate, the Chief Executive Officer should be consulted in special cases.