Privacy Policy

SEPTEMBER 2023

Introduction

The right to privacy is guaranteed by the Charter of Human Rights and Freedoms and the Civil Code of Québec. In addition, the protection of personal information is governed by the Act respecting the protection of personal information in the private sector.

This policy establishes a procedure for the management of personal information by the organization in order to collect, hold, conserve, use and communicate personal information on members, users, volunteers, staff and administrators of the organization in accordance with the law.

The person responsible for the protection of personal information (hereinafter referred to as the “responsible person”) within the organization is responsible for the application of and compliance with this policy by the organization’s representatives, whether they are current or former staff members, volunteers or directors.

In this respect, the person in charge publishes this policy on its website and makes it available to members, users, staff, volunteers or directors for consultation or training. In addition, the person in charge determines the directives and procedures necessary for the application of this policy.

Objectives

The purpose of this policy is to inform the organization’s members, users, staff, volunteers and administrators of the principles it applies in managing the personal information it holds on them.
It also sets out the rules of conduct that the organization requires its members, users, staff, volunteers and directors to obey when they have access to personal information held on others by the organization.

In applying this policy, the organization respects the following principles:

• Collect only the personal information required for the proper management of operations;
• Notify individuals of the use and disclosure of their personal information as soon as it is required;
• Inform individuals of their rights, particularly with regard to complaints, and obtain their consent when required by law;
• Ensure the security and confidentiality of the personal information we hold on others, by overseeing its retention, rectification and destruction, and by defining the roles and responsibilities of our employees throughout its life cycle.
• In keeping with these principles, the organization occasionally purges and merges files, revises its forms and practices, updates and sets up a dedicated location for storing and consulting personal information.
• The organization may also undergo inspections by an independent assessor to validate the quality of its protection of personal information.

Definition of personal information

Personal information is that which relates to a natural person and enables that person to be identified.

This information is confidential and must be treated as such. Within the organization, personal information includes the following:

• surname and given name;
• signature;
• residential address;
• medical records, prescription drugs;
• telephone numbers;
• e-mail address;
• image and voice of a person;
• biometric data;
• state of health;
• employment records;
• banking/financial information;
• computer data;
• information concerning family, friends and other related persons;
• social insurance number;
• health insurance number and driver’s license number;
• as well as any document on which this information is found or any document that refers to the existence of a particular person.

Collection of personal information

The organization collects personal information when it has a serious and legitimate interest in doing so. Personal information may be collected through forms on its website, by telephone interview, through a paper form, or through any interaction between individuals and the organization and/or its stakeholders.
In particular, the organization collects personal information for the management of:

• Member profiles;
• User profiles;
• Staff and volunteer profiles;
• Incidents, including those with potential liability implications for the organization or anyone associated with it;

Service inquiries.

When collecting personal information, the organization retains only that which is necessary for its proper functioning. The organization is able to justify why it requires each piece of personal information.

The organization may, however, collect such personal information from a third party without the consent of the person concerned, if the collection, although made in his or her interest, cannot be made from him or her in a timely manner. It may also do so to verify the accuracy of the information obtained from the person concerned, or if authorized by law.

Information that is already or becomes known to the public (information on websites or social media profiles) may also be collected by the organization without having to transmit it directly. In such cases, the organization nevertheless undertakes to collect the information in a reasonable and discerning manner.

When the organization collects personal information from a legal entity, it records the source of this information, unless it is part of an investigation to prevent, detect or punish a crime or a breach of the law.

Before the organization collects any personal information, it informs the person concerned:

• The purposes for which the information is collected (collection);
• The means by which the information is collected;
• Of his or her right to withdraw consent to the disclosure or use of the information collected;
• The name of the third party for whom the information is being collected;
• Contact information for the person responsible for protecting personal information;
• The categories of persons, including third parties, who may have access to it;
• Where your personal information will be stored;
• the safeguards in place;
• access and rectification rights provided by law.

If the person concerned refuses to provide the personal information requested by the organization or refuses to consent to the exchange of personal information with a third party, it is up to the person responsible to decide whether or not to deal with the person concerned.

Protection of personal information

Physical files containing confidential information are kept under lock and key in a filing cabinet or in a location dedicated to this purpose by the person in charge and to which access is secured. Employees are prohibited from leaving the workplace with personal information without the organization’s approval.
Personal information is stored on a cloud server for which a secure password is required. The organization has a firewall and anti-virus software to limit the scope of malicious attacks.

The following categories of persons have access to personal information when required for the performance of their duties:

• Members of the Board of Directors and General Management;
• Employees.

The employment contracts of all employees, which all must sign, contain four clauses in the Confidentiality section, at points 7.1, 7.2, 7.3 and 7.4, which constitute a commitment to confidentiality under the terms of Quebec’s Bill 25. The organization also ensures that it sets out the roles and responsibilities of its staff throughout the life cycle of this information, so that they understand how to implement the policy in their day-to-day work.

Policy Manager

Frédéric Simard is responsible for the protection of personal information within the organization, in compliance with section 3.1 of the Act respecting the protection of personal information in the private sector. Mr. Simard is responsible for the organization’s information technologies and cybersecurity. He can be reached at [email protected].

In addition to his other duties, the person in charge also ensures that the organization’s staff understands the issues involved in protecting personal information.

Use of personal information

Personal information collected by the organization is used or disclosed only for the purposes for which it was collected, unless the individual concerned consents or it is required by law. Personal information is primarily used to facilitate the provision of services to members, customers and users. However, it may also be used for purposes of market research, newsletter distribution (it will be possible to unsubscribe at any time), personnel hiring or for any other reason detailed at the time of collection of personal information.

Personal information will never be sold to third parties, unless the organization obtains consent to do so. The organization also ensures that the personal information it holds on others is up-to-date and accurate at the time it is used to make a decision about the individual concerned.

Retention and destruction of personal information

Once the purpose for which personal information was collected has been fulfilled, the organization destroys it, unless there are exceptional circumstances. In accordance with the law, personal information is retained for as long as applicable laws require. Personal information that is the subject of a request for access or rectification is retained until all legal remedies have been exhausted. In addition, the organization retains personal information for the length of time required by the government authorities to which it is accountable.

Subject to other legal/ethical obligations regarding the retention of files by the organization and those working on its behalf, the person concerned may request that any file concerning him or her be returned to him or her, and that any personal information otherwise held by the organization be destroyed. The destruction of personal information may also make it impossible for the organization to continue offering goods or services. The same applies in the event that the person concerned no longer consents to this policy.

The organization does not discard any document that contains personal information that can be reconstructed. Whenever possible, such documents are destroyed or shredded. Failing this, the organization will, as appropriate, format, rewrite, digitally shred, degauss or overwrite the information.

Right of access and transfer of personal information

At the verbal or written request of a person concerned or of a person establishing his or her capacity as representative, heir, successor, administrator of the estate, beneficiary of life insurance or holder of parental authority over the person concerned, the organization confirms that it holds personal information relating to the person concerned.

At the written request of a person concerned or of one of the persons designated in the preceding paragraph, the organization allows him or her, within thirty (30) days of receipt of the request, to consult or transfer, as the case may be, its file or that of the person concerned, and discloses to him or her any personal information contained therein. However, the organization may refuse to disclose personal information in the following cases:

It does not concern the interests and rights of the person requesting it as liquidator, beneficiary, heir or successor to the liquidator of the succession;

It would likely reveal personal information about a third party, or the existence of such information, and such disclosure would be likely to cause serious harm to the third party, unless the third party consents;
It is prohibited by law, an ongoing investigation or a court order.

In the event of refusal, the organization will give reasons in writing to the person concerned within the same period of thirty (30) days and inform him or her of his or her right to contest the decision before the Commission d’accès à l’information or CAI (Quebec’s Commission for access to information). If the organization fails to respond to a request for access within this period, it is deemed to have refused access, in which case the interested party may apply to the Commission d’accès à l’information (CAI) to assert his or her rights.

Notwithstanding the foregoing, the organization may not refuse to disclose personal information concerning an individual in the event of an emergency that threatens the life, health or security of the individual.

However, the organization may temporarily refuse to consult the personal health information it holds on the person concerned if this would cause serious harm to his or her health, on condition that it offers to designate a health professional to receive the communication of such information and to communicate it to the latter. This professional then determines when the consultation can take place and notifies the person concerned.

Finally, unless the request is made by the holder of parental authority, the organization refuses to communicate to a person under the age of 14 any medical or social information concerning him or her, or refuses to inform him or her of the existence of such information in a file kept on him or her, except through his or her lawyer in the context of legal proceedings. This does not restrict normal communications between a health and social services professional and his or her patient.

Request for rectification of personal information

At the written request of the person concerned or of a person designated in the first paragraph of the “Right of access and transfer of personal information” section, the organization will, within thirty (30) days of receipt of the request, rectify inaccurate, incomplete or equivocal information, as the case may be, in its file or in the file of the person concerned, add comments or delete information that is outdated, not justified by the purpose of the file or the collection of which was not authorized by law.

In the event of refusal, the organization must give reasons in writing to the person concerned within the same thirty (30) day period, and inform him or her of his or her right to contest the decision before the Commission d’accès à l’information (CAI) If the organization fails to respond to a request for rectification within this time limit, it is deemed to have refused to acquiesce, in which case the person concerned may apply to the Commission d’accès à l’information (CAI) to assert his or her rights.

By agreeing to a request for rectification, the organization provides the applicant, free of charge, with a copy of any personal information that has been modified or added, or, as the case may be, an attestation of the removal of personal information.

It is the responsibility of individuals who have provided personal information to notify the organization of any changes to that information. The organization cannot be held responsible for any failure to carry out a rectification request when it should have been made.

Charges for transcription, reproduction or transmission of personal information

The organization charges reasonable fees for the transcription, reproduction or transmission of personal information. These fees are established by the person responsible and are subject to periodic review.
Before proceeding with the transcription, reproduction or transmission of such information, the organization will inform the applicant of the approximate amount payable.

Transmission of documents containing personal information

When transmitting documents electronically, the organization’s representatives must indicate the confidential nature of the transmission in the subject line and, in the message, the confidentiality notice inviting the recipient to contact the sender without delay in the event of receipt in error. As a minimum, the organization’s representatives must indicate their email address, name and contact telephone number in their exchanges.

When sending documents by post, the organization’s representatives must clearly indicate on the packaging the name and address of the person authorized to receive the documents. They enclose a letter specifying the confidential nature of the information and a confidentiality notice inviting the recipient to contact the sender without delay in the event of mistaken receipt.

Definition of a confidentiality incident

In accordance with the Act respecting the protection of personal information in the private sector, a confidentiality incident can take the following forms:

• Access to personal information not authorized by law;
• Unauthorized use or disclosure of personal information;
• The loss of personal information or any other breach in the protection of such information.

Process in the event of a privacy incident

In the event of an incident involving personal information, the organization follows the procedure set out in the Act respecting the protection of personal information in the private sector and its related regulations. When an incident presents a risk of serious prejudice, the Commission d’accès à l’information (CAI) and the persons concerned by the incident will be notified as quickly as possible following knowledge of the incident, insofar as the situation permits. The content of these notices is set out in Appendices 1 and 2 respectively.

If third parties need to be contacted in order to mitigate the damage that may result from the incident, the person responsible for the protection of personal information will ensure that only the personal information required for this purpose is communicated, and that this communication is recorded. An incident log will be maintained by the Privacy Officer. The contents of this register can be found in Appendix 3.

By transmitting personal information to the organization, it is understood that the persons concerned understand that the organization deploys best work practices and protection mechanisms in order to limit the possibility of any incident, leak or misuse of personal information. However, the organization cannot guarantee infallible security for every conceivable scenario.

If a data subject notices that an incident involving his or her personal information may have occurred within the organization, he or she should contact the person responsible for the protection of personal information at the coordinates shown above. Complaints/reports are processed within a maximum of thirty (30) days after they are filed.

Inapplicability of the policy

When a data subject leaves the organization’s website for any other website linked to the organization’s website, this policy no longer applies. Please refer to their policy, if applicable.

When a law, regulation or court order compels the organization to transmit personal information, it is understood that the organization cannot guarantee the level of confidentiality and security instituted by the person or government that has been granted it.

In the event of a merger or other legal reorganization of the organization, all personal information may be transferred to the new legal entity.

Policy modification

Any modification will be updated on the organization’s website and sent to the e-mail address of the persons concerned if they have been forwarded.

Adoption and coming into force of this policy

This policy was adopted on: September 22, 2023
This policy takes effect on: September 22, 2023

APPENDICES

Appendix 1 – Contents of the notice to the CAI in the event of a confidentiality incident

The CAI notice contains:

• Name and NEQ of the organization
• The name of the person responsible for the protection of personal information
• A description of the personal information affected by the incident (if this information is not known, the reason for not being able to provide such a description)
• A brief description of the circumstances of the incident (and, if known, its Cause)
• The date or period when the incident took place (and, if unknown, an approximation)
• The date or period during which the organization became aware of the incident
• The number of people affected by the incident and, among them, the number of Quebec residents (or, if unknown, an approximation of these numbers)
• A description of the factors that lead the organization to conclude that there is a risk of serious harm being caused to the people concerned
• The measures that the organization has taken or intends to take to notify the persons concerned (including the date on which the persons were notified or the timeframe envisaged for completion)
• The measures the organization has taken or intends to take following the occurrence of the incident (including the date or period when the measures were taken, or the timeframe envisaged for their completion)
• Where applicable, a statement to the effect that a person or organization outside Quebec with similar responsibilities to CAI has been notified of the incident.

The information provided in the notice must be updated in the event of subsequent changes.

Appendix 2 – Contents of the notice to data subjects in the event of a confidentiality incident

The notice to data subjects contains:

• A description of the personal information affected by the incident (if this information is not known, the reason for not being able to provide such a description).
• A brief description of the circumstances of the incident.
• The date or period when the incident took place (and, if unknown, an approximation).
• A brief description of the measures that the organization has taken or intends to take following the incident, in order to reduce the risk of harm being caused.
• Measures the organization suggests the person concerned take to reduce the risk of harm being caused, or to mitigate such harm.
• Contact details enabling the person concerned to obtain further information about the incident.

The notice may be public if:

• Passing on the notice is likely to cause greater harm to the person concerned
• Providing the notice is likely to cause undue hardship to the organization
• The organization does not have the contact details of the person concerned
• The organization does not find itself in one of the three cases listed above, but wishes to inform the persons concerned quickly, without neglecting to send them a notice directly afterwards.

Appendix 3 – Contents of the confidentiality incident register

• Incident number (for internal reference).
• A description of the personal information affected by the incident (if this information is not known, the reason for not being able to provide such a description).
• A brief description of the circumstances of the incident.
• The date or period when the incident took place (and, if unknown, an approximation).
• The date or period during which the organization became aware of the incident.
• The number of persons concerned by the incident (or, if not known, an approximation of this number).
• A description of the factors that lead the organization to conclude that there is a risk of serious harm being caused to the people concerned.
• The dates on which notifications were sent to CAI and to the persons concerned, as well as an indication of whether public notifications were given by the organization and why, if so.
• A brief description of the measures taken by the organization, following the occurrence of the incident, to reduce the risk of harm being caused.

The information contained in the register must be kept up to date and retained for a minimum period of five years after the date or period during which the organization became aware of the incident.