Legal & Privacy Policies
PRIVACY CODE (CONTINUED)
4.4 With respect to the disclosure of personal information, CLI' shall obtain consent from an individual, with the exception of the following personal information which is permitted to be disclosed from an individual or from a source other than an individual without limitations:
4.4.1 is clearly in the interest of the individual and consent cannot be obtained in a timely way;
4.4.2 is necessary for medical treatment of the individual and individual is unable to give consent;
4.4.3 it is reasonable to expect that the disclosure with the consent of individual would compromise the availability or accuracy of the personal information and the collection is reasonable for an investigation or a proceeding;
4.4.4 where disclosure occurs by observation at a performance, a sports meet or a similar event at which individual voluntarily appears and is open to the public;
4.4.5 is necessary to determine individual's suitability to receive an honour, award or similar benefit such as honorary degree, scholarship or bursary or selected for an athletic or artistic purpose;
4.4.6 organization is credit reporting agency and disclosure is for a credit report and individual consents at the time the original collection occurs;
4.4.7 is required or authorized by law;
4.4.8 personal information is necessary to facilitate collection of debt owed or payment of debt to an organization;
4.4.9 personal information is disclosed in accordance with a provision of a treaty that authorizes or requires its disclosure or is made under an enactment of BC or Canada;
4.4.10 disclosure is for the purpose of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of personal information;
4.4.11 the disclosure is to a public body or a law enforcement agency in Canada, concerning an offence under the laws of Canada or a province, to assist in an investigation, or in the making of a decision to undertake an investigation;
4.4.12 there are reasonable grounds to believe that compelling circumstances exist that affect the health and safety of any individual and if notice of disclosure is mailed to the last known address of the individual to who the personal information relates;
4.4.13 the disclosure is for the purpose of contacting next of kin or a friend of an injured, ill or deceased individual;
4.4.14 the disclosure is to a lawyer who is representing the organization;
4.4.15 the disclosure is to an archival institution if the collection of personal information is reasonable for research or archival purposes; and
4.4.16 disclosure of employee personal information is reasonable for establishing, managing or terminating an employment relationship.
4.5 When obtaining consent from a customer or employee, CLI shall use reasonable efforts to ensure that the individual is advised and reasonably understands the purpose for which the personal information is being collected, used or disclosed.
4.6 Wherever possible, CLI shall seek consent to collect, use or disclose personal information from a customer or employee at the time in which the personal information is collected. In the event that this is not possible, CLI will seek consent after the personal information is collected but prior to it being used or disclosed for a different purpose that has not been identified or specified.
4.7 When seeking consent from customers, CLI will require consent as a condition of using its website and or supplying products and or services provided such consent is required for a purpose that has been identified or specified.
4.8 When determining whether express or implied consent is required, CLI shall take into account the sensitivity of the personal information and the reasonable expectations of its customers and employees.
4.9 CLI will, generally, imply consent to collect, use or disclose personal information for its purposes, where a customer uses its products and or services or an employee accepts employment or receives benefits.
4.10 When seeking consent for the collection of personal information from customers or employees, CLI shall set out the choices available to individuals regarding CLI' collection, use or disclosure of the personal information at the time of collection or prior to the use or disclosure of such personal information.
4.11 Upon obtaining consent, CLI shall record such consent such as via phone, by mail, the Internet, a note to file, copy of an email, copy of a check off box or entry in database field.
Withdrawal of Consent
5.1 CLI will honour a request of an individual to withdraw its consent to the collection, use or disclosure of personal information where it receives reasonable notice and stop collecting, using or disclosing that personal information unless it meets one of the exceptions noted above or would frustrate the performance of a legal obligation or consent was given to a credit reporting agency.
Limiting Collection of Personal Information
6.1 When collecting personal information of a customer or employee, CLI shall disclose to the individual verbally or in writing, the purposes for the collection of the personal information and shall limit the collection to the identified and specified purposes.
6.2 CLI shall only collect personal information by reasonable, fair and lawful means.
6.3 CLI, generally, collects personal information from its customers and employees although in certain circumstances, CLI may collect personal information from third parties, such as credit bureaus, employers or personal references but only from those third parties that represent that they have a right to disclose such personal information.
Limiting Use, Disclosure and Retention of Personal Information
7.1 Other than where CLI has consent of the individual or by operation of law, CLI shall not use or disclose personal information for purposes other than those identified and specified.
7.2 CLI shall only retain personal information of an individual for the period necessary to fulfill the purposes identified and specified, by operation of law or where making a decision regarding a customer or employee as long as is reasonable to give customer or employee the opportunity to access the personal information concerning the making of the decision.
7.3 CLI shall limit the access of its employees to personal information to those who are participating in the collection, use or disclosure of personal information as part of their duties or to those who have a need to know within the Company.
7.4 CLI shall maintain the means via reasonable controls, systems and practices whereby personal information that no longer is necessary to retain is destroyed, erased or rendered anonymous.
Accuracy and Security of Personal Information
8.1 CLI shall make all reasonable effort to ensure that personal information collected is accurate and complete for the purposes in which it is collected particularly where the personal information is likely going to affect the individual to who the personal information relates or is likely to be disclosed to another organization.
8.2 All personal information used by CLI shall be as accurate and complete as possible and where such personal information is being used to make a decision that directly affects an individual shall be retained by CLI for one year in order to provide a reasonable opportunity for access by the individual.
8.3 CLI shall take reasonable security arrangements to prevent the unauthorized access, collection, use, disclosure, copying, modification or disposal of personal information in its custody and control in whatever form it is held. Such security arrangements shall include protection from loss or theft and physical measures, such as locking filing cabinets, restricting access to offices and alarm systems, technological tools, such as passwords, encryption, firewalls and anonymizing software, and organizational tools, such as security clearances, limiting access on a need to know basis, staff training and confidentiality agreements.
8.4 CLI shall destroy its documents containing personal information or remove the means by which personal information can be associated with the individual as soon as the purpose for which the personal information was collected is no longer being served by its retention or retention is no longer necessary for legal or business purposes.
8.5 CLI shall not use deceptive or coercive means to collect personal information and shall not dispose of personal information with an intent to evade a request for access to personal information.
8.6 CLI shall protect personal information by ensuring that confidentiality provisions bind both third parties in which personal information is disclosed and employees who have access to personal information.
8.7 CLI shall regularly review and update security measures for personal information where applicable.
Access to and Correction of Personal Information
9. Where CLI has collected, used or disclosed personal information of an individual, an individual shall have the right to access and correct their personal information in accordance with the following access and correction procedure:
9.1.1 the individual may, in writing, make a request to the President of CLI or his/her designate concerning his or her personal information under the control of CLI;
9.1.2 CLI shall provide information concerning the ways in which personal information of the individual has been and is being used by CLI or has been disclosed by CLI;
9.1.3 the names of individuals and organizations to whom the personal information has been requested;
9.1.4 With the exception of the following personal information, CLI will provide access to an individual's personal information
(i) personal information is protected by solicitor-client privilege; (ii) disclosure would reveal confidential commercial information that if disclosed could in the reasonable opinion of a reasonable person harm the competitive position of CLI; (iii) personal information was collected where consent is not required for the purposes of an investigation or where proceedings have not been completed; (iv) where personal information was collected by a credit organization 12 months prior to the request from the individual; (v) where the disclosure would threaten the safety, physical or mental health of an individual, cause immediate or grave harm to the safety or physical or mental health of an individual, or would reveal personal information about another individual;
9.1.5 having reviewed the personal information requested, the individual may request CLI to correct an error or omission in that personal information that is: (i) about the individual and (ii) is under the control of CLI;
9.1.6 CLI shall respond to an individual's request no later than 30 days from the date of an individual's request unless the individual has not given sufficient detail to enable CLI to identify the personal information being requested or more time is needed given the large volume of personal information being requested which would unreasonably interfere with CLI' operation or there is a need for more time to consult with another organization or public body to determine whether to give access to the requested document. In those circumstances, CLI may extend the time an additional 30 days or seek a longer period of time to respond from the privacy commissioner and will advise the individual of the extension in time, the time period of the extension and the rights of the individual to complain about the extension;
9.1.7 In responding to an individual's request, CLI shall advise the individual when access to personal information in whole or in part is being refused, the reasons for the refusal and the contact information of the officer or employee of CLI who can answer the individual's questions concerning the refusal;
9.1.8 CLI shall make a reasonable effort to assist each applicant to respond accurately and completely as is reasonably possible to their request;
9.1.9 CLI shall make the correction as soon as reasonably possible or send the corrected personal information to each organization which the personal information was disclosed during the year prior to the date the correction was made, where CLI is satisfied that there are reasonable grounds for the request;
9.1.10 Where CLI does not make a correction it shall annotate the personal information under its control that a request was made but the request was not implemented.
11.1 CLI shall maintain a process for addressing and responding to complaints or inquiries regarding its compliance with this Privacy Code including where appropriate a process for seeking external advice prior to responding to individual complaints or inquiries.
11.2 A customer or employee may make a complaint or inquiry regarding CLI' compliance with this Privacy Code as follows:
11.2.1 An individual shall file a written complaint or inquiry to the President of the Company and or his/her designate outlining the failure of CLI to comply with this Privacy Code and the specified section and or principle.
11.2.2 CLI shall investigate all written complaints or inquiries regarding its compliance with this Privacy Code.
11.2.3 Where an investigation determines that a complaint is justified or action is required regarding an inquiry, CLI shall take all appropriate steps to resolve the complaint or take appropriate action to address the inquiry including where applicable amending the practices and procedures of this Privacy Code.
11.2.1 Wherever possible, CLI shall respond to a written complaint within 30 days provided the written complaint or inquiry provides sufficient information to respond to. This response shall include details regarding the outcome of the investigation and individual's complaint or inquiry.
11.2.2 In the event that CLI seeks external advice, the period to respond may be extended for a reasonable period necessary to obtain such external advice.
11.3 In the event that an individual is not satisfied with handling of its complaint by CLI, the individual may seek the assistance of the BC Privacy Commissioner. The contact information for the Privacy Commissioner may be found at: https://www.oipc.bc.ca/.
Transparency of Privacy Policies, Practices and Procedures
12.1 CLI shall make its privacy policies, practices and procedures available on its website and readily available to individuals in person, in writing, by telephone, in company publications.
12.2 CLI shall also make its policies, practices and procedures understandable for its customers, employees and the public by identifying who within CLI is responsible for compliance with this Privacy Code, how personal information can be accessed by individuals, what personal information is held by CLI and how it is used.
The contact information for the Vice President of CLI is as follows:
1022 Bramfield Place
Brentwood Bay, BC, Canada, V8M 1A4
Current contact information can also be found on CLI's website at www.coachingandleadership.com.
For further information on CLI' Privacy Code, practices and procedures, contact 250-652-5390. To review the BC Personal Information Protection Act, access to the Act can be found at https://www.oipc.bc.ca/.