Privacy & Confidentiality Policy
Introduction
The Lions Gate Hospital Foundation (“LGHF” / “We” / “we” / “our” / “us”) respect your privacy and are committed to protecting your personal information. This Privacy Policy will inform you as to how we look after your personal information when you visit our Site: https://lghfoundation.com (the “Site”). This Privacy Policy explains how we collect, store and use personal information about you as a visitor to the Site, a lender or donor to the LGHF, or when you otherwise choose to interact with us. By using this Site, you consent to our collection, use and processing of your personal information in accordance with this Privacy Policy.
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information where we have your consent, where we need to perform the contract we have entered into with you, where we need to comply with a legal obligation or where it is necessary for our legitimate interests (or those of a third-party) and your interests and fundamental rights do not override those interests.
1. IMPORTANT INFORMATION AND WHO WE ARE
1.1 Purpose Of This Privacy Policy
This Privacy Policy aims to give you information on how we collect and process your personal information through your use of the Site. If you do not consent to our use or collection of your personal information, please do not use this Site.
The Site is not intended for children or under age individuals (as they are defined in the laws of applicable jurisdictions) and we do not knowingly collect data relating to children. By accepting this Privacy Policy you acknowledge that you are of the age of majority in your domicile jurisdiction
It is important that you read this Privacy Policy together with any other privacy and cookies policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your data.
1.2 Our Data Privacy Officer
We have appointed a data privacy officer who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise Your Legal Rights (as defined below), please contact the data base manager and privacy officer by email at [email protected] with ‘Privacy Matter’ in the subject line.
1.3 Third-Party Links
The Site may include links to third-party sites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party Sites and we are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy and cookies policies of every site you visit.
2. THE DATA WE COLLECT ABOUT YOU
In this Privacy Policy “personal information” means information that can identify an individual or information about an identifiable individual, and includes (i) first name, last name, username or similar identifier, title, and company details, occupation; (ii) contact information; (iii) financial information including payment card details; (iv) technical data including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Site, information about how you use our Site, features and services; (v) your preferences in receiving marketing from us and our third parties and your communication preferences.
3. HOW IS YOUR PERSONAL INFORMATION COLLECTED
We may collect your personal information through: (i) direct communication when you fill our forms or correspond with us by post, phone, email or otherwise; (ii) as you interact with our Site, we will automatically collect technical data about your equipment, browsing actions and patterns; (iii) we may receive your personal information from various third parties including analytics providers, advertising networks, search information providers, providers of technical, payment and delivery services, other publically available sources.
4. HOW WE USE YOUR PERSONAL INFORMATION
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information for the following purposes:
- To perform the contract we are about to enter into or have entered into with you, to process donations, to provide donors with current or future information about LGHF, Lions Gate Hospital and their initiatives, to advance fundraising activities, or provide you with service or information.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing your personal information although we will get your consent before sending direct marketing communications to you via email.
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. ELECTRONIC COMMUNICATIONS
LGHF complies with Canada’s anti-spam legislation (CASL) and we will not send you electronic communications in contravention of this law.
We will ensure that each e-mail includes an opt-out feature and instructions on how to un-subscribe if you no longer wish to receive future e-mails from LGHF. You have the right to withdraw consent to electronic communications at any time by contacting us at [email protected] with ‘Privacy Matter’ in the subject line.
6. DISCLOSURES OF YOUR PERSONAL INFORMATION
We may share your personal information with the parties and for the purposes set out below:
- Internal Third Parties, means other organizations that provide us with IT system administration services, or other technical services required for the Site for the purpose of provision and receipt of such services.
- External Third Parties, which include (a) service providers (for example, IT services), business partners, suppliers and sub-contractors for the performance of any contract we enter into with you, but also when providing you with marketing communications, analytics and search engine providers that assist us in the improvement and optimisation of the Site; (b) professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services for the purpose of provision and receipt of such services; (c) government or other law enforcement agencies, in connection with the investigation of unlawful activities or for other legal reasons (this may include requirement to share your location information).
- Third parties to whom we may choose to sell, transfer or merge parts of our business, organization or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our organization, then the new owners may use your personal information in the same way as set out in this Privacy Policy.
We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.
7. DATA TRANSFER
To provide you the Site and our services, we may share your personal data within the Internal Third Parties and External Third Parties located in and outside of Canada. These third parties may store, process and transfer personal information on servers located outside of Canada in jurisdictions whose data protection laws may differ from those of Canada. As a result, your personal information may be subject to access requests from governmental authorities or law enforcement bodies in jurisdictions outside Canada according to the laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require our Internal Third Parties and External Third Parties to maintain protections on your personal information that are equivalent to those that apply in Canada.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out Canada.
8. DATA SECURITY
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
9. DATA RETENTION
We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your personal information: see Your Legal Rights below for further information.
10. COOKIES NOTICE
Our Site uses cookies and/or other further identifiers (such as pixel or tag). Certain cookies and identifiers are conveyed and controlled by us directly. We collect and process your personal information by means of these cookies and identifiers. To the contrary, other cookies and identifiers are conveyed and controlled by third parties, over which we have no control. We hereby invite you to read such cookies policies of the third parties carefully.
10.1 What Cookies are
Like most organisations, LGHF uses cookies to capture information about our Site’s users. A cookie is a small file of letters and numbers that we save to your computer or device. Cookies allow us to recognise and count your visits, and to see how you move around our Site while you are using it. This helps us to provide you with a good experience while you browse and to improve the way our Site works, for example by making sure you can find what you need.
The cookies may have a duration limited to a single session of navigation on the browser (called session cookies), and, in such event, they deactivate automatically once the browser is closed by the user; or may have a predetermined duration and, in such event, they will remain memorised and active on your hard disk until the expiry date, thus continuing collecting information during different sessions of navigation on the browser (the so called permanent cookies).
10.2 Our Use of Cookies
The cookies are used for several purposes. Certain cookies are necessary in order to allow you to surf the Site and benefit of its functionalities (the so called technical cookies). Other cookies are used in order to obtain statistical information, whether in aggregate or not, about the number of users accessing the Site and how the Site is used (called monitoring cookies or analytics), some cookies are used in order to track your account and allow you to view advertisements that may be of interest to you (called profiling cookies).
We use Google Analytics, Google Analytics demographics and interest reporting, and integrated services that require Google Analytics to collect data via advertising cookies and identifiers. Google Analytics is a tool that helps website and app owners to understand how their visitors behave. It uses a set of cookies to collect information and report website usage statistics without personally identifying individual visitors to Google. It also uses some cookies set by other websites to help us understand more about our Sites’ visitors.
We use web beacons (opens in a new tab) like Facebook Pixel to understand what users of our Site do after clicking a link in an email that we’ve sent to a list of subscribers, or after clicking on an advert we’ve placed on Facebook. This information helps us to improve the content we make, reach people who are interested in our work with our advertising and social activity, and measure how effective our advertising and newsletters are, without personally identifying individual site visitors, newsletter subscribers or Facebook users.
As well as the cookies we set, we may use third party cookies and other similar technologies set by other websites when you visit them to help us understand some simple information about the age, location and interests of the people who visit our Site. Third parties may use these technologies to collect or receive information from our Site and elsewhere on the internet and use that information to measure their services engagement and to target adverts.
10.3 How to manage the cookies and oppose to their use
You can manage, disable and remove the cookies. To do so, please follow the instructions provided by your browser’s producer to discover how to manage, disable or remove all the cookies.
Please be careful in making your choice. By blocking the receipt of all the cookies indiscriminately, including the technical ones, without providing a specific exception for the Site, you may no longer able to surf the Site or to benefit, in whole or in part, from its functionalities. Furthermore, removing the technical cookies could remove the preferences set up by using the Site.
In order to disable the third parties cookies or identifiers, please see the privacy policies of those third parties.
11. DISCLAIMER
The material contained on the Site is provided for general purposes only. Although we endeavour to ensure that the content is accurate and up to date, LGHF accepts no responsibility for loss arising from reliance on information contained on this Site or other sites that may be linked to or from our Site from time to time.
12. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE MATERIAL ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS”, “WHERE IS” BASIS, WITH ALL FAULTS, AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, BUSINESS INTERRUPTION, DATA LOSS, WORK STOPPAGE, OR COMPUTER FAILURE OR MALFUNCTION.
IN ANY CASE, OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATED TO YOUR USE OF THE SITE SHALL NOT EXCEED CAD$10.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR PURSUANT TO ANY LEGAL DOCTRINE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW.
13. YOUR LEGAL RIGHTS
You have rights (“Your Legal Rights”) under data protection laws in relation to your personal information pursuant to the Personal Information Protection Act (British Columbia) (“PIPA”) and the Office of the Information and Privacy Commissioner (British Columbia). In particular, you have the right to: request access to your personal information, request correction of your personal information, request erasure of your personal information where there is no good reason for us continuing to process it, object to processing of your personal information where we are relying on our legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms, request restriction of processing of your personal information, request the transfer of your personal information to you or to a third party, withdraw consent to our use of your personal information where we are relying on consent to process your personal information.
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.
Changes to the Privacy Policy
This Privacy Policy may be amended by LGHF from time to time in our sole discretion and without any prior notice to you. The collection, use and disclosure of your personal information by LGHF will be governed by the version of this Privacy Policy in effect at that time. We will post the most current version on our Site and will indicate at the top of this page the date this Privacy Policy was last revised.