Esprit de Sport Privacy Guidelines incorporate the provisions of Part 1 of the Personal Information and Electronic Documents Act (PIPEDA – Government of Canada), the principals of the Personal Information Protection Act (PIPA – Government of Alberta) and the ten principles of the Canadian Standards Association (CSA) Model Code for the Protection of Personal Information.

Esprit de Sport has appointed a Privacy Officer who is accountable for ensuring compliance with the Esprit de Sport Privacy Policy and Guidelines. Accountability rests with the Privacy Officer even though other individuals within Esprit de Sport may take responsibility for the day-to-day collection and processing of personal information. The privacy officer for Esprit de Sport is the VP Marketing.

Esprit de Sport is responsible for all personal information in its possession or control, including information that has been transferred to a third party for processing. Esprit de Sport will use contracts or other means to provide an appropriate level of protection when a third party processes information on behalf of the company.

Esprit de Sport will, from time to time, establish procedures to implement its commitment to privacy, including:
- Procedures to protect personal information
- Procedures to receive and respond to complaints and inquiries
- Communications and training programs to provide information to Esprit de Sport’s staff about privacy policies and practices.

Esprit de Sport identifies the purposes for which personal information is collected at or before the time the information is collected, and documents those purposes.

Esprit de Sport collects only that information necessary for the purposes that have been identified.

Esprit de Sport specifies (verbally, electronically or in writing) and explains the identified purposes(s) to the individual at or before the personal information is collected.

When personal information is collected for a purpose not previously identified, the new purpose is communicated to the individual prior to use. In such cases, the consent of the individual is required before the information is re-used.

Esprit de Sport collects personal information from individuals in order to:
- Collect customer contact information in order to manage customer accounts
- Collect potential customer contact information in order to follow-up with these individuals to determine their interest in the products and services provided by Esprit de Sport as well as to inform them of new products, services or promotions
- Screen individuals for employment, volunteer or contracting suitability
- Manage and administer personnel (including performance appraisal, security and access control and discipline)
- Manage and administer compensation and benefits programs
- Administer payroll
- Administer occupational health and safety programs
- Monitor and track skills and competency development
- Meet legal and regulatory requirements (e.g. Employment Standards legislation, Canada Customs and Revenue Agency reporting requirements)
- Facilitate Esprit de Sport audits when required to do so
- Provide contact information of Esprit de Sport staff and volunteers to Esprit de Sport’s insurers
- Provide such information as may be required for administration of Esprit de Sport programs.

Esprit de Sport is not responsible for the management of Personal Information collected by its customers through use of Esprit de Sport’s products and services. For information on the privacy, protection and management of this information, applicants must contact these organizations directly. However, Esprit de Sport employs reasonable measures to ensure the safety and protection of its customers’ information by employing policies and procedures for the safety and protection of this information. These measures are outlined in the contracts signed by customers of Esprit de Sport. Furthermore, Esprit de Sport considers all information collected by its customers as strictly confidential and does not access or use its customer’s information other than for data maintenance purposes.

Esprit de Sport uses reasonable efforts to ensure that individuals understand how their personal information will be used. Esprit de Sport obtains consent as required for the collection, use and disclosure of personal information, except where inappropriate.

When determining the form of consent, Esprit de Sport considers the sensitivity of the information and the reasonable expectations of the individual. Express consent will be obtained when the information is likely to be considered sensitive; implied consent may be appropriate when information is less sensitive. Consent may also be given through an individual’s authorized representative (such as a legal guardian or a person having power of attorney).

Esprit de Sport obtains consent for the collection, use or disclosure of information through various means, including verbal, written (e.g. signed forms) or electronic processes.

In rare circumstances, Esprit de Sport may collect and use personal information without the individual’s knowledge or consent. For example:
- If it is clearly in the interests of the individual and consent cannot be obtained in a timely way (e.g. when the individual is seriously ill)
- If obtaining prior consent would defeat the purpose of collecting the information (e.g. in the investigation of alleged criminal activity)
- In the case of an emergency where the life, health or security of the individual is threatened.
Esprit de Sport generally seeks to obtain consent at the same time personal information is collected. Esprit de Sport may, however, seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose (e.g. before disclosing board member information to a funding organization if this purpose was not previously contemplated).

Consent may be withdrawn at any time, subject to legal or contractual restrictions and reasonable notice. Esprit de Sport and/or the Privacy Officer informs individuals of the implications for withdrawing consent.

Esprit de Sport limits the amount and type of personal information collected to that which is necessary for the identified purpose.

Esprit de Sport collects information by fair and lawful means.

Esprit de Sport may collect the following information from employees and contractors:
- demographic and contact information including home address and telephone number, date of birth, social insurance number and gender
- coaching certification levels and coaching experience
- education and employment history
- banking or financial information
- health information
- security background checks, as required.

Esprit de Sport may collect the following personal information from customers of Esprit de Sport:
- names and contact information, including home address and telephone numbers, coaching information and computer experience
- demographic information about customer for Esprit programs, including number and ages of children, seniors, ethnic background, interest in programs or facilities, for program planning purposes
- financial information, if members involved in programs with financial eligibility requirements, or where payment is required for programs or services
- limited medical information for members or children of members participating in sporting activities

Esprit de Sport may collect personal information through the following means:
- solicited and unsolicited resumes and correspondence
- completed application forms (paper or on-line format) for employment, benefits, grants and bursaries, volunteer opportunities, sports and other program registrations, facilities rental applications, etc.
- in person and through telephone interviews
- on-line forms through the website.

Esprit de Sport does 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.

Notwithstanding the above, Esprit de Sport may disclose personal information without consent:

- to a lawyer representing Esprit de Sport
- to a company or individual employed by Esprit de Sport to perform functions on its behalf (e.g. outsourced information processing function, administration of health services plan)
- in order to collect a debt owed by the individual to Esprit de Sport
- to comply with a subpoena, warrant, or court order
as required or authorized by law (e.g. Employment Standards legislation)
- when the information is publicly available (e.g. telephone directory information)
to a public authority in the event of imminent danger to any individual.
Esprit de Sport obtains consent for all other disclosures of personal information for purposes other than those for which the information was initially collected (e.g. to provide references regarding current or former employees. Esprit de Sport does not require consent to confirm an individual’s employment record (e.g. confirm years of employment, and position held)).

Only Esprit de Sport employees or volunteers with a business need-to-know, or whose duties so require, are granted access to personal information.

Esprit de Sport has developed guidelines and implemented procedures with respect to the retention of personal information. Esprit de Sport retains personal information only as long as it is necessary for the identified purpose, or as required by law. Where personal information is used to make a decision about an individual, Esprit de Sport retains the information, or the rationale for making the decision,long enough to allow the individual access to the information after the decision has been made.

Personal information that is no longer required to fulfill the identified purposes or required by law to be retained is destroyed, erased or made anonymous.

Esprit de Sport ensures that personal information collected, used and disclosed is as accurate, complete and up-to-date as necessary for the intended purpose.

Personal information is kept sufficiently accurate, complete and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about the subject individual.

Esprit de Sport updates personal information as and when necessary to fulfill the identified purpose or upon notification by the individual who is the subject of the information.

Esprit de Sport protects personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, regardless of the format in which it is held.

Esprit de Sport has developed and implemented information security policies and procedures that outline physical, organizational, and technological measures in place to protect personal information as appropriate to the sensitivity of the information. These same measures are employed in the safeguarding and protection of information resources of Esprit de Sport’s customers.

Esprit de Sport protects personal information disclosed to, or processed by third parties by contractual agreements which address the following as necessary:
- identifying the types of records provided, collected, created, or maintained in order to deliver the service, and specifying any applicable privacy legislation;
- stipulating the confidentiality of the information and the purposes for which it is to be used (requiring the third party provides at least the same level of protection that Esprit de Sport does);
- identifying the organization(s) having custody and control of the records, including the responsibility and process for handling requests for access to information;
- ensuring that third parties and their employees having access to Esprit de Sport’s information assets are aware of, and understand their responsibility to adhere to Esprit de Sport’s information handling and security policies, including maintaining the confidentiality of personal information;
- ensuring that Esprit de Sport has access to information produced, developed, recorded or acquired by third parties as a result of the contract, including timely access in response to requests for information, and specifying that third parties shall not deny access to, or retain custody of, personal information because of late or disputed payment for services;
- requiring third parties to report breaches of confidentiality and privacy to Esprit de Sport’s Privacy Officer within 48 hours of knowing that the breach occurred;
- addressing disaster recovery and backup of any information assets and systems in the custody of the third party;
- addressing the disposition (e.g. destruction or return) of all of Esprit de Sport’s information assets (e.g. records, hardware, system documentation) upon termination of the contract;
- specifying any audit or enforcement measures that Esprit de Sport will undertake to ensure that third parties comply with information handling and security provisions outlined in contractual agreements (for example, non-disclosure agreements, audit trails, regular review of third party access requirements, inspection of third party premises).

Esprit de Sport ensures that all employees and volunteers are aware of its privacy policies and procedures, and understand the importance of maintaining the confidentiality of personal information.

Care shall be taken in the disposal or destruction of personal information to prevent unauthorized parties from obtaining access to the information.

Upon request, Esprit de Sport makes available specific information about its policies and practices relating to the management of personal information, including:
- the means of gaining access to personal information held by Esprit de Sport;
identification of personal information held by Esprit de Sport, and a general account of its use;
- a copy of any brochures or other information explaining Esprit de Sport’s Privacy Policy, Guidelines and related procedures;
- reference to the statement of Esprit de Sport Privacy Policy on Esprit de Sport website, if applicable.

To make an inquiry or lodge a complaint about Esprit de Sport’s personal information handling policies and procedures, contact:
ESPRIT DE SPORT Privacy Officer
3211 Utah Place NW
Calgary, ABA
403-287-0107
info@espritdesport.com

Upon request, Esprit de Sport provides individuals with access to their personal information held by the company. Individuals have the right to challenge the accuracy and completeness of their personal information held by Esprit de Sport, and to have it amended as appropriate.

All requests by individuals (e.g. customers, employees, volunteers, contractors) to access their personal information held by Esprit de Sport, or to correct or amend their personal information, should be directed to the designated Privacy Officer. Such requests should be in writing.

Esprit de Sport responds to requests for access to personal information within 30 business days.

Responding to an individual’s request for information is usually done at no or minimal cost to the individual. However, a fee for reasonable costs incurred may be charged when responding to more complex requests, provided the individual is informed in advance.

In order to safeguard personal information, Esprit de Sport may request sufficient information from the individual to verify that person’s identity.

Limitations to Individual Access

Esprit de Sport provides individuals access to their personal information subject to limited and specific exceptions. Esprit de Sport will refuse access to personal information if:

- Esprit de Sport has disclosed information to a government institution for law enforcement or national security reasons;
- it would reveal personal information about a third party unless there is consent or a life-threatening situation;
- doing so could reasonably be expected to threaten the life or security of another individual;
- the disclosure would reveal confidential commercial information; or
- the information is protected by solicitor-client privilege.
If access to information is refused, Esprit de Sport shall, in writing, inform the individual of the refusal, the reason(s) for the refusal, and any recourse the individual may have to challenge Esprit de Sport’s decision.

Correction/Amendment of Personal Information

Esprit de Sport corrects or amends personal information as required when an individual successfully demonstrates the inaccuracy or incompleteness of the information. Amendment may involve the correction, deletion, erasure, or addition to 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, Esprit de Sport shall inform any third parties having access to the personal information in question as to any amendments, or the existence of any unresolved differences between the individual and Esprit de Sport.

Esprit de Sport investigates all complaints concerning compliance with its Privacy Policy, Guidelines and practices, and responds within 30 days of receipt of a complaint. If a complaint is found to be justified, Esprit de Sport takes appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. Individuals shall be informed of the outcome of the investigation regarding their complaint.

Complainants may address inquiries or complaints concerning compliance with these policies or guidelines by contacting Esprit de Sport Privacy Officer as set out in these Guidelines under Principle 8 (Openness). A complaint may also be addressed in writing to the Privacy Commissioner of Canada at 112 Kent Street, Ottawa, Ontario, K1A 1H3 –or- to the Office of the Information and Privacy Commissioner of Alberta, #410 – 9925 – 109th Street, Edmonton, AB, T5K 2J8, 780-422-6860, www.oipc.ab.ca.