Intellimedia’s privacy policy applies to the collection, use, disclosure and protection of personal information processed or held by Intellimedia in providing services to Intellimedia clients (“Clients”). Personal information may be in any form or medium (paper, digital, audio-visual, graphic).

Legislative Position

• For the most part, the information which Intellimedia accesses, manages or maintains custody of is generated by services, programs and functions for which Clients have the mandate and responsibility; therefore, this information is under the control of each of these Clients.
• In operating services and managing or maintaining custody of the information generated by its services, Intellimedia is acting as an agent and service provider of the Clients and must therefore follow the policies, standards, measures, and processes dictated by the particular organization for which it is providing services.
• The Alberta Freedom of Information and Protection of Privacy Act (FOIP) protects the personal information of the public, and employees of public bodies operating in Alberta. It governs the collection, use and disclosure of personal information by public bodies in a manner that recognizes and balances the right of an individual to access to his or her own personal information; to have his or her personal information protected; and the needs of a public body to collect, use or disclose personal information for purposes that support its activities and operations, and to comply with the law.
• Many Clients, as Alberta public bodies, including school boards, charter schools and local government bodies are bound by the requirements of FOIP and collect, use, and disclose personal information in accordance with its provisions. Other Clients are bound by different legislation, such as:
  • Federal Personal Information Protection and Electronic Documents Act (PIPEDA) applies to a federal work, undertaking or business (FWUB)
  • Personal Information Protection Act (Alberta) (PIPA) applies to Alberta private sector organizations, business and in some instances, non-profit organizations
  • Other Provincial privacy legislation, depending on the jurisdiction of the organization.
• As an independent corporate body, Intellimedia is itself an organization governed by PIPA. However, in order to align with the legislative requirements of many of its Clients, Intellimedia has determined that it will voluntarily comply with the requirements of FOIP for all of its records, including internal administrative records.

Privacy Principles

Intellimedia is committed to protecting the privacy of individuals documented in information managed on behalf of Clients and its employees. To that end, Intellimedia has implemented a privacy program to meet the following privacy goals:

Accountability

Intellimedia is responsible for protecting the confidentiality of personal information in its custody or under its control in compliance with the applicable federal or provincial legislation.

Intellimedia has identified and designated a Privacy Officer to be responsible for implementing the privacy program and ensuring compliance with legislation.

Openness

Intellimedia develops and follows privacy and security policies and practices that are compliant with legislation. Such policies and practices are publicly available upon request.

Collection

Intellimedia collects personal information only for authorized purposes, and collects the least amount of personal information with the highest degree of anonymity required for the authorized purpose.

Identifying Purposes

When collecting personal information directly from an individual, the individual is informed of the purpose for which the information is collected, the legal authority for the collection, and the title, business address and telephone number of the person who can answer questions about the collection.

Limited Use, Disclosure and Retention

Personal information is only used and disclosed in accordance with the purpose for which it was collected, unless alternate use or disclosure is authorized or required by law, or with the knowledge and consent of the subject individual.

Accuracy

Intellimedia makes all reasonable efforts to ensure that personal information collected, used, or disclosed by or on behalf of Intellimedia is accurate and complete.

Safeguards

Intellimedia protects personal information in its custody or control by deploying security measures and practices to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction. Intellimedia staff are provided with training and resources to ensure they perform their roles in accordance with FOIP requirements and Intellimedia policy. Failure to comply with Intellimedia information privacy and security policies and procedures may result in disciplinary action, up to and including termination of employment or contract. Individuals may also be subject to prosecution for the contravention of any law.

Right of Access

Individuals have a right to access information that Intellimedia holds about them. Access is subject only to limited and specific exceptions. Individuals who believe there is an error or omission in their personal information have a right to request correction or amendment of the information.

Compliance Challenges

Individuals are encouraged to bring any concerns or issues regarding privacy to the Privacy Officer for discussion and response. Individuals may contact the Privacy Commissioner within the relevant jurisdiction to review or investigate a response to the individual’s access to information request or a request for correction, or about any policies or practices that they feel are not in compliance with the applicable legislative requirements.

Included in the Software Agreement

Section 16. — Freedom of Information and Protection of Privacy

16.1 Licensor acknowledges that, in the course of fulfilling its obligations under this Agreement, it may be given access to information about an identifiable individual which is personal information, personal data, and/or sensitive personal data (as defined in the applicable privacy legislation or data protection legislation, if any) (“Personal Information”)Licensor undertakes to abide by the requirements of the Freedom of Information and Protection of Privacy Act ("FOIP") in so far as applicable to its operations and the PersonalInformation Licensor has access to, collects, or uses, as a consequence of carrying out its obligations under this Agreement.

16.2 If, in the course of carrying out the work of the Agreement, the Licensor collects Personal Information, Licensor will comply with all directions of Licensee before starting to collect it.

16.3 Licensor will take every reasonable precaution to ensure the protection of Personal Information and personal privacy. Licensor will ensure that only those employees or agents of Licensor who are required to have access to or collect Personal Information for the purposes of providing the services required under the Agreement, are permitted access to that Personal Information.

16.4 The purpose for collecting Personal Information about Licensor in this Agreement is to enable Licensee to ensure the accuracy and reliability of, and to enable Licensee to evaluate, the Licensor’s work under this Agreement and for other programs administered by Licensee. The authority for this collection is FOIP. Licensor may contact a representative of Licensee if the Licensor has any questions about the collection of information pursuant to this Agreement.

16.5 The terms of this Agreement, including the name of Licensor, amount of fees charged under the Agreement, term of the Agreement and details of the work to be completed under this Agreement, may be subject to disclosure under FOIP. Similarly, all reports, studies and financial records created as a result of this Agreement may be subject to disclosure under FOIP.

16.6 Licensor consents to the use and disclosure by Licensee of information about this Agreement including information created directly or indirectly in performing this Agreement.

16.7 Any individual signing this Agreement consents to the use and disclosure by Licensee of any Personal Information about that individual contained in this Agreement or any record created in the performance of this Agreement.