Yard Athletics Inc.
Policy Respecting Your Privacy and the Protection of Personal Information
At Yard Athletics Inc. (the “Yard“), we are committed to protecting the privacy and confidentiality of your personal information. This policy (the “Policy“) applies to the personal information of the Yard’s clients, employees, and other individuals that is collected, used or disclosed by the Yard.
This Policy was developed in compliance with the British Columbia Personal Information Protection Act (“PIPA“).
This Policy outlines (i) the types of information that the Yard collects, (ii) the purposes for this collection, (iii) how the confidentiality of personal information is protected, and (iv) how you can contact the Yard if you wish to access your personal information, have questions about, or want to make changes to any personal information that the Yard may possess.
Personal information is information that can be used to identify and/or contact an individual, but does not include:
- an individual’s business contact information, including the individual’s name, position or title, business telephone number, business address, business e-mail and business fax number;
- personal information about an individual that is publicly available information as designated under PIPA, such as information available from a public registry or in a telephone book;
- aggregated information that cannot be associated with a specific individual; and
- information about a company, association or another organization.
Collection of Personal Information
Examples of types of personal information that the Yard may collect about its clients, employees and other individuals include:
- contact information (including name, home address, home email address, home phone and cell phone numbers);
- date of birth;
- occupation and professional associations if voluntarily provided by the client, employee or other individual;
- emergency contact information if voluntarily provided by the client, employee or other individual
- information about clients’ and potential clients’ fitness interests, fitness goals and general fitness state;
- information about the frequency of clients’ visits to its facilities and about the specific equipment, programs and services that clients utilize;
- information on client or other individual reservations and Yard events that clients, employees or other individuals attend;
- credit card information and/or banking information for billing purposes; and
- images of clients, employees or guests on the Yard’s social media platforms.
Uses of Personal Information
We will only collect personal information that is necessary to fulfill the following purposes:
- to verify identity;
- to enrol clients in a program;
- to determine client eligibility for registration and for receiving the Yard’s products and services;
- to identify and understand the needs and preferences of Yard clients, in particular, to understand clients’ fitness and other related needs and objectives and to assist clients in achieving them;
- to contact clients who have filled out the “Contact us” page;
- to inform clients of various matters relating to their registration and about the Yard’s products and services, including activities, special events and opportunities that we believe may be of interest to you;
- to deliver services;
- to process client’s payments and to ensure that client’s accounts remain up-to-date;
- to establish, manage, and if necessary, terminate employment relationships; and
- to meet legal and regulatory requirements.
Limiting Collection, Use and Disclosure
The Yard will limit the collection of personal information to that which is reasonably necessary for the purposes identified above.
The Yard will not use or disclose personal information for any purpose other than those for which it was collected (as identified above). Where an additional use or disclosure is necessary, the Yard will notify the client prior to or at the time of the additional use or disclosure, unless such notice is not required or permitted by law.
Personal information will only be disclosed within the Yard on a need-to-know basis.
Except where required or permitted to do so without consent, the Yard only collects personal information with clients’ consent. When you become a client of the Yard, you consent to the use of clients’ personal information for the purposes listed above.
In most cases, the Yard relies on express consent. However, where the purpose of the collection of personal information is obvious on its face (such as use of a credit card to pay an account), the Yard may rely on implied consent.
In some cases, such as using personal information for marketing the Yard’s services to the client, the Yard will rely on opt-out consent (i.e. information will be provided unless the client advises the Yard that they do not wish to receive it).
The Yard only collects personal information where it is necessary to provide the service that the client is seeking and that the Yard has agreed to provide, or to establish, manage, or terminate an employment relationship. The Yard does not use deceptive or misleading practices to obtain consent.
The Yard reserves the right to collect, use or disclose personal information in certain limited circumstances, without the clients’ knowledge and consent, where required or permitted by law. Examples of this include:
- when a reasonable person would consider that it is clearly in the client’s interests and consent cannot be obtained in a timely way;
- when personal information is available from a public source;
- in order to create aggregate information in order to identify client needs, preferences and trends and to aid in the development of new services and products;
- to contact next of kin or a friend of an injured, ill or deceased individual;
- where the collection, use or disclosure of employee personal information is reasonable for the purposes of establishing, managing or terminating an employment relationship between the Yard and the individual;
- for employment purposes;
- when another Act or regulation requires or allows for the collection of information without consent (i.e. collecting an employee’s social insurance number as required by the Income Tax Act to issue a T-4 slip);
- where it is required, by law, to be disclosed to law enforcement and other government agencies;
- where it is reasonable to expect that disclosure with consent would compromise an investigation or proceeding;
- where disclosure is for the purpose of complying with a subpoena, warrant or order issued or made by a court; and
- where disclosure is required or authorized by law.
You may refuse or withdraw your consent to the use and disclosure of personal information in connection with the services that you have requested at any time, subject to legal or contractual restrictions and reasonable notice. The Yard will inform you of the implications of withdrawing consent. If you wish to withdraw your consent at any time, please contact our privacy officer (listed below).
The Yard is not in the business of selling client information to others. We do contract with trusted companies to act on our behalf to fulfill certain functions. The names, addresses and telephone numbers of our clients may be transmitted to a third-party mailing service in order to inform you of products and services that we offer (or that we and our partners jointly offer) and that we believe may be of interest to you. The Yard will take steps to ensure that such third parties adhere to this Policy with respect to the protection of your personal information.
Except as set out in this policy, or as required by law, the Yard will not sell or disclose any of your personal information to any other organization or transmit personal information to third parties without first obtaining your consent. The Yard may, however, disclose personal information in the following cases:
- to the Yard’s legal counsel;
- to a police force, if required by law;
- to a person authorized by law or a collective agreement;
- to a government agency that can oblige us to do so;
- in emergency situations in which life, health or safety of an individual is in danger; or
- to all other persons authorized by law.
The Yard will only retain clients’ personal information as long as is necessary for the fulfillment of the purposes for which it was collected or as required by law. Personal information is stored in a secure facility until such time as it is no longer required, after which it is destroyed.
The Yard will make reasonable efforts to ensure that personal information is accurate, complete and current as required for the purposes for which it was collected. You may ask us to delete or correct information contained in your file. The request for correction must be made in writing and provide sufficient detail to identify the personal information and the correction being sought.
The Yard utilizes reasonable security controls in order to protect against unauthorized access, use, alteration, duplication, destruction or disclosure of personal information. This protection applies in relation to information stored in both electronic and hard copy form and will vary depending on the sensitivity of the information. We protect your personal information using the following safeguards, as appropriate:
- physical measures, such as locked drawers or filing cabinets;
- organizational measures, such as restricting access to personal information to designated individuals on a “need-to-know” basis; and
- computer security measures such as encryption and/or password protection.
Each of our employees is responsible for maintaining the confidentiality and security of all personal information to which they have access. Only authorized individuals, who need to have access to such information in order to perform their duties, will have access to such information. We keep our employees informed about our policies and procedures for protecting personal information. Where necessary, our employees are required to sign agreements to keep your personal information confidential.
Individuals have the right to request access to their personal information that is in the control of the Yard. Upon request, in writing to the Yard’s privacy officer, the Yard will inform a client of the existence, use and disclosure of their own personal information and the client will be given access to that information, to the extent permissible by law. A client may challenge the accuracy and completeness of the information and request that it be amended, as appropriate. The Yard reserves the right to refuse to comply with all or part of a request where it is required to or permitted to refuse to do so by the provisions of PIPA or other applicable legislation.
Changes to the Policy
The Yard reserves the right to modify this Policy at any time without notice. The Policy distributed at any time or from time to time posted via its website at www.yardathletics.ca shall be deemed to be the policy then in effect.
The Yard is responsible for personal information under its control, and we have designated a privacy officer who is responsible for our compliance with this Policy and with applicable laws. Questions or concerns regarding privacy procedures or the Yard’s compliance with applicable privacy legislation may be directed to the privacy officer by emailing [email protected] or by calling (778) 874-1073. If an individual is not satisfied with the Yard’s response, he or she may contact the Office of the Information and Privacy Commissioner in his or her respective province.