Privacy Code

At Abundance Canada, respecting privacy and personal information has always been an important part of our commitment to our clients, volunteers, employees, and contractors. That is why we have developed the Abundance Canada Privacy Code. The Abundance Canada Privacy Code is a statement of principles and guidelines regarding the minimum requirements for the protection of personal information provided by Abundance Canada to its clients, volunteers, employees and contractors. The objective of the Abundance Canada Privacy Code is to promote responsible and transparent personal information management practices in a manner consistent with the provisions of The Personal Information Protection and Electronic Documents Act Canada (“PIPEDA”).

PIPEDA establishes rules for the management of personal information by organizations involved in commercial activities, attempting to strike a balance between an individual’s right to the protection of personal information and the need of organizations to obtain and handle such personal information for legitimate business purposes.

Organizations covered by PIPEDA must obtain an individual’s consent when they collect, use or disclose an individual’s personal information.  he individual has a right to access their personal information held by an organization and to challenge its accuracy, if need be. Personal information can only be used for the purposes for which it was collected. Abundance Canada is responsible for the protection of personal information in its control and the fair handling of such personal information at all times, throughout the organization and in dealings with third parties.

Abundance Canada will review the Abundance Canada Privacy Code on a regular basis to make sure it is relevant and remains current with changing technologies and laws and the evolving needs of Abundance Canada, its clients, volunteers, employees and contractors.

Summary of Principles

  1. Accountability
    Abundance Canada is responsible for personal information under its control.  The Abundance Canada Privacy Coordinator (Operations Manager) is accountable for compliance with Abundance Canada Privacy Code.
  2. Identifying Purposes for Collection of Personal Information
    Abundance Canada shall identify the purposes for which personal information is collected at or before the time the information is collected.
  3. Obtaining Consent for Collection, Use or Disclosure of Personal Information
    The knowledge and consent of a client, volunteer, employee or contractor are required for the collection, use, or disclosure of personal information, except where inappropriate.
  4. Limiting Collection of Personal Information
    Abundance Canada shall limit the collection of personal information to that which is necessary for the purposes identified by Abundance Canada.  Abundance Canada shall collect personal information by fair and lawful means.
  5. Limiting Use, Disclosure, and Retention of Personal Information
    Abundance Canada shall 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.  Abundance Canada shall retain personal information only as long as necessary for the fulfilment of the purposes for which it was collected or as required by law.
  6. Accuracy of Personal Information
    Personal information shall be as accurate, complete, and up to date as is necessary for the purposes for which it is to be used.
  7. Security Safeguards
    Abundance Canada shall protect personal information through the use of security safeguards appropriate to the sensitivity of the information.
  8. Openness Concerning Policies and Practices
    Abundance Canada shall make readily available to clients, volunteers, employees and contractors specific information about its policies and practices relating to its management of personal information.
  9. Access to Personal Information
    Abundance Canada shall inform a client, volunteer, employee or contractor of the existence, use and disclosure of his or her personal information upon request and shall give the individual access to that information.  A client, volunteer, employee or contractor shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
  10. Challenging Compliance
    A client, volunteer, employee or contractor shall be able to address a challenge concerning compliance with the above principles to the person accountable for Abundance Canada’s compliance with the Abundance Canada Privacy Code.

Scope and Application

The ten principles that form the basis of the Abundance Canada Privacy Code are interrelated and Abundance Canada shall adhere to the ten principles as a whole.  Each principle must be read in conjunction with the following commentary.  As permitted by PIPEDA, the commentary has been drafted to reflect personal information issues specific to Abundance Canada.

The scope and application of the Abundance Canada Privacy Code are as follows:

  • The Abundance Canada Privacy Code applies to personal information about Abundance Canada’s clients, volunteers, employees and contractors that is collected, used, or disclosed by Abundance Canada in the course of commercial activities.
  • The Abundance Canada Privacy Code applies to the management of personal information in any form whether oral, electronic or written.
  • The Abundance Canada Privacy Code does not impose any limits on the collection, use or disclosure of the following information by Abundance Canada:
    • an individual’s name, address and telephone number that appears in a telephone directory that is available to the public, where the individual can refuse to have their personal information appear in such a directory;
    • an employee’s name, title, business address or business telephone, e-mail or fax number; or
    • other information about the individual that is publicly available and is specified by regulation pursuant to PIPEDA.
  • The application of the Abundance Canada Privacy Code is subject to the requirements and provisions of PIPEDA, the regulations enacted thereunder and any other applicable legislation, regulation, court order, or other lawful authority.

Definitions

“collection” means the act of gathering, acquiring, recording, or obtaining personal information from any source, including third parties, by any means.

“consent” means voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either expressed or implied and can be provided directly by the individual or by an authorized representative.  Express consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of Abundance Canada.  Implied consent is consent that can reasonably be inferred from an individual’s action or inaction.

“client” means an individual who supports the work of Abundance Canada financially or consults with, requests or uses the gift planning services of Abundance Canada.

“volunteer” means an individual who volunteers his or her time without remuneration to work on Abundance Canada’s board, committees, projects, etc.

“contractor” means a contractor engaged by Abundance Canada.

“disclosure” means making personal information available to a third party.

“employee” means an employee of Abundance Canada.

“personal information” means information about an identifiable individual, but does not include aggregated information that cannot be associated with a specific individual or the name, title or business address or business telephone number, e-mail or fax number of an employee of an organization.

  • For a client such information may include opinions, evaluations, comments, recorded information, and donation records, but does not include certain publicly available information exempted by regulation such as a constituent’s name, address, telephone number and electronic address.
  • For a volunteer such information may include comments, recorded information, donation records, personal and business interests, expenses while on Abundance Canada business, a personal photograph, but does not include certain publicly available information exempted by regulation such as a constituent’s name, address, telephone number and electronic address.
  • For an employee, such information may include information found in employment files, performance appraisals, a personal photograph, and medical and benefits information.
  • For a contractor, such information may include information found in services contracts.

“use” means the treatment, handling, and management of personal information by and within Abundance Canada or by a third party with the knowledge and approval of Abundance Canada.

Principle 1 - Accountability

Abundance Canada is responsible for personal information under its control. The Abundance Canada Privacy Coordinator is accountable for compliance with the Abundance Canada Privacy Code. An annual compliance audit of the personal information management practices of Abundance Canada will be reported to the Board.

    Responsibility for compliance with the provisions of the Abundance Canada Privacy Code rests with the Abundance Canada Privacy Coordinator (Operations Manager) who can be reached at 204-488-1985 or via winnipeg@abundance.ca. Other individuals within Abundance Canada may be delegated to act on behalf of the Abundance Canada Privacy Coordinator or to take responsibility for the day-to-day collection and processing of personal information.
    Abundance Canada is responsible for personal information in its possession or custody. Abundance Canada shall use contractual or other means to provide a comparable level of protection while personal information is in the possession of the third party.
    Abundance Canada shall implement policies and procedures to give effect to the Abundance Canada Privacy Code, including:
    • Implementing procedures to protect personal information and to oversee Abundance Canada’s compliance with the Abundance Canada Privacy Code;
    • Establishing procedures to receive and respond to inquiries or complaints;
    • Training and communicating to employees and contractors about Abundance Canada’s policies and procedures;
    • Developing information materials to explain Abundance Canada’s policies and procedures; and
    • To actively promote Mission of Abundance Canada.

Principle 2 - Identifying purposes for collection of personal information

Abundance Canada shall identify the purposes for which personal information is collected at or before the time the information is collected.

    Abundance Canada collects personal information only for the following purposes:
    • To establish and maintain responsible ongoing relations with its clients;
    • To assist clients in achieving their charitable planning objectives through Abundance Canada or through third party service providers;
    • To understand, develop, and/or enhance client needs, concerns, or opinions;
    • To protect Abundance Canada and its clients from error and fraud;
    • To recommend particular products and services to meet the needs of clients;
    • To manage and develop Abundance Canada’s business and operations, including personnel and employment matters;
    • To meet legal, regulatory, and governance requirements; and
    • To advance Abundance Canada’s mission and vision and to provide the client with information in the wider charitable sector.
    For example, personal information collected, used and/or disclosed may include information on:
    • To establish and maintain responsible ongoing relations with its clients;
    Abundance Canada shall specify orally, electronically or in writing the identified purposes to the client, volunteer, employee or contractor at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within Abundance Canada who shall explain the purposes.
    • When personal information that has been collected is to be used or disclosed for a purpose not previously identified, the new purpose shall be identified prior to use. Unless the new purpose is permitted or required by law, the consent of the client, volunteer, employee or contractor will be required before the personal information will be used or disclosed for the new purpose.

Principle 3 - Obtaining consent for collection, use or disclosure of personal information

The knowledge and consent of a client, volunteer, employee or contractor are required for the collection, use, or disclosure of personal information, except where inappropriate.

    In obtaining consent, Abundance Canada shall use reasonable efforts to ensure that a client, volunteer, employee or contractor is advised of the identified purposes for which personal information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the client, volunteer, employee or contractor.
    Generally, Abundance Canada shall seek consent to use and disclose personal information at the same time it collects the information. However, Abundance Canada may seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose.
    Abundance Canada will require clients, volunteers, employees or contractors to consent to the collection, use and/or disclosure of personal information as a condition of the supply of a product or service only if such collection, use and/or disclosure is required to fulfill the explicitly specified and legitimate purposes.
    In determining the appropriate form of consent, Abundance Canada shall take into account the sensitivity of the personal information and the reasonable expectations of its clients, volunteers, employees and contractors.
    In general, donations and financial transactions; participation as a volunteer; subscription or information requests; the acceptance of engagement by a contractor; or the acceptance of employment or benefits by an employee, constitutes implied consent for Abundance Canada to collect, use and disclose personal information for the identified purposes.
    A client, volunteer, employee or contractor may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Clients, volunteers, employees and contractors may contact Abundance Canada for more information regarding the implications of withdrawing consent.
    In certain circumstances personal information can be collected, used or disclosed without the knowledge and consent of the individual. For example:
    • if it is clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when the individual is seriously ill or mentally incapacitated;
    • if seeking the consent of the individual might defeat the purpose of collecting the information, such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law, or that of a foreign jurisdiction;
    • if there is an emergency where the life, health or security of an individual is threatened; or
    • if disclosure is to a lawyer representing Abundance Canada, to comply with a subpoena, warrant or other court order, or otherwise required or authorized by law.

Principle 4 - Limiting collection of personal information

Abundance Canada shall limit the collection of personal information to that which is necessary for the purposes identified by Abundance Canada. Abundance Canada shall collect personal information by fair and lawful means.

    Abundance Canada collects personal information primarily from its clients, volunteers, employees or contractors.
    Abundance Canada may also collect personal information from other sources including employers or personal references, or other third parties who represent that they have the right to disclose the information.

Principle 5 - Limiting use, disclosure, and retention of personal information

Abundance Canada shall 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. Abundance Canada shall retain personal information only as long as necessary for the fulfilment of the purposes for which it was collected.

    Abundance Canada may disclose a client’s or volunteer’s personal information to:
    • A third party who, in the reasonable judgment of Abundance Canada, is seeking the information as an agent of the client or volunteer;
    • A third party involved in supplying the client or volunteer with products or services of or through Abundance Canada;
    • A third party engaged by Abundance Canada to perform functions on its behalf;
    • A public authority or agent of a public authority if, in the reasonable judgment of Abundance Canada, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; or
    • Any other third party or parties, where the client or volunteer consents to such disclosure or disclosure is required or permitted by law.
    Abundance Canada may disclose personal information about its employees or contractors:
    • For normal personnel and benefits administration;
    • In the context of providing references regarding current or former employees and/or contractors in response to requests from prospective employers; or
    • Where the employee or contractor consents to such disclosure or disclosure is required or permitted by law.
    Only Abundance Canada’s employees and/or contractors with a business need to know, or whose duties or services reasonably so require, are granted access to personal information about clients, volunteers, employees and contractors.
    Abundance Canada shall keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where personal information has been used to make a decision about a client, volunteer, employee or contractor, Abundance Canada shall retain, for a period of time that is reasonably sufficient to allow for access by the client, volunteer, employee or contractor, either the actual information or the rationale for making the decision.
    Abundance Canada shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information shall be destroyed, erased or made anonymous.

Principle 6 - Accuracy of personal information

Personal information shall be as accurate, complete, and up to date as is necessary for the purposes for which it is to be used.

    Personal information used by Abundance Canada shall be sufficiently accurate, complete, and up to date to minimize the possibility that inappropriate information may be used to make a decision about a client, volunteer, employee or contractor.
    Abundance Canada shall update personal information about clients, volunteers, employees and contractors as necessary to fulfill the identified purposes or upon notification by the individual.

Principle 7 - Security safeguards

Abundance Canada shall protect personal information through the use of security safeguards appropriate to the sensitivity of the information.

    Abundance Canada shall use appropriate security measures to protect 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. Abundance Canada shall use care in disposing of or destroying personal information, to prevent unauthorized parties from gaining access to the information. For example:
    • Security measures include secure locks on filing cabinets and restricted access to the vault where financial information is stored.
    • There is restricted access to sensitive personal information through secure passwords limited to those who have a need to use the personal information contained in sensitive databases.
    • Paper copy Abundance Canada files containing personal information deleted from the files are shredded by a reputable shredding contractor. Deleted electronic files will be permanently removed from the system, although back-up tapes will contain information removed from the system until such time that the back-up tape is destroyed or reused.
    Abundance Canada shall protect personal information disclosed to third parties by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
    All of Abundance Canada’s employees and/or contractors with access to personal information shall be required as a condition of employment or engagement to respect the confidentiality of personal information.

Principle 8 - Openness concerning policies and procedures

Abundance Canada shall make readily available to clients, volunteers, employees and contractors specific information about its policies and procedures relating to its management of personal information.

    Abundance Canada shall make available information to help clients, volunteers, employees and contractors exercise choices regarding the use of their personal information.

Principle 9 - Access to personal information

Abundance Canada shall inform a client, volunteer, employee or contractor of the existence, use and disclosure of his or her personal information upon request and shall give the individual access to that information. A client, volunteer, employee or contractor shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

    Upon request, Abundance Canada shall afford clients, volunteers, employees and contractors a reasonable opportunity to review the personal information in the individual’s file. Personal information shall be provided in an understandable form within a reasonable time and at a minimal or no cost to the individual.
    In certain situations Abundance Canada may not be able to provide access to all of the personal information it holds about a client, volunteer, employee or contractor. Abundance Canada shall provide the reasons for denying access upon request. For example:
    • if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual;
    • if disclosure would reveal confidential Abundance Canada information;
    • if the information is protected by solicitor-client privilege;
    • if the information was generated in the course of a formal dispute resolution process; or
    • if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law, or that of a foreign jurisdiction.
    Upon request, Abundance Canada shall provide an account of the use and disclosure of personal information and, where reasonably possible, shall state the source of the information. In providing an account of disclosure, Abundance Canada shall provide a list of organizations to which it may have disclosed personal information about the individual when it is not possible to provide a list of organizations to which it actually disclosed personal information about the individual.
    In order to safeguard personal information, a client, volunteer, employee or contractor may be required to provide sufficient identification information to permit Abundance Canada to account for the existence, use and disclosure of personal information and to authorize access to the individual’s file. Any such information shall be used only for this purpose.
    Abundance Canada shall promptly correct or complete 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, Abundance Canada shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.
    Clients, volunteers can obtain information or seek access to their individual information by contacting the Abundance Canada Privacy Coordinator (Operations Manager) during Abundance Canada’s office hours.
    Employees and contractors can obtain information or seek access to their individual files by contacting their immediate supervisor within Abundance Canada or the Director of Human Resources.

Principle 10 - Challenging compliance

A client, volunteer, employee or contractor shall be able to address a challenge concerning compliance with the above principles to the person accountable for Abundance Canada’s compliance with the Abundance Canada Privacy Code.

    Abundance Canada shall maintain procedures for addressing and responding to all inquiries or complaints from its clients, volunteers, employees and contractors about Abundance Canada’s handling of personal information.
    Abundance Canada shall inform its clients, volunteers, employees and contractors about the existence of these procedures as well as the availability of complaint procedures.
    The Abundance Canada Privacy Coordinator may seek external advice where appropriate before providing a final response to individual complaints.
    Abundance Canada shall investigate all complaints concerning compliance with the Abundance Canada Privacy Code. If a complaint is found to be justified, Abundance Canada shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A client, volunteer, employee or contractor shall be informed of the outcome of the investigation regarding his or her complaint.

Additional Information

For more information regarding the Abundance Canada Privacy Code, please contact the Abundance Canada Operations Manager at 204-488-1985 or via winnipeg@abundance.ca.

For a copy of The Personal Information Protection and Electronic Documents Act (Canada) or to contact the Privacy Commissioner of Canada, please visit the Office of the Privacy Commissioner of Canada’s web site at: www.privcom.gc.ca.