St. Joseph’s Healthcare Foundation is committed to protecting the privacy of the personal information of its donors, volunteers, employees, and other stakeholders. We value the trust of our supporters and of the public, and recognize that maintaining this trust requires that we be transparent and accountable in how we treat the information that is shared with us.
During the course of our various projects and activities, we frequently gather and use personal information. Anyone from whom we collect such information should expect that it will be carefully protected and that any use of or other dealing with this information is subject to consent. Our privacy practices are designed to achieve this.
DEFINING PERSONAL INFORMATION:
Personal information is any information that can be used to distinguish, identify or contact a specific individual. This information can include an individual’s opinions or beliefs, as well as facts about, or related to, the individual. Exceptions: business contact information and certain publicly available information, such as names, addresses and telephone numbers as published in telephone directories, are not considered personal information. Where an individual uses his or her home contact information as business contact information as well, we consider that the contact information provided is business contact information, and is not therefore subject to protection as personal information.
1.1.1 PRIVACY OFFICER
The Foundation’s Chief Privacy Officer (CPO) is the Director, Database, Donor Services & Annual Giving. The CPO works closely with the Chief Privacy Officer of St. Joseph’s Healthcare Hamilton, and in accordance with the principles and policies of the Imagine Canada Standards, and PIPEDA, PHIPA and FIPPA legislation to promote and protect the privacy of all benefactors of St. Joseph’s Healthcare Foundation.
1.1.2 THIRD PARTY USE OF PERSONAL INFORMATION
The Foundation uses third party vendors for services that would not be practical or cost-effective for us to perform ourselves. Services that employ a third vendor include but are not limited to:
- Mail processing
- National Change of Address (NCOA)
- Database analysis
- Affinity marketing programs
- Tele-fundraising programs
In all cases, the third party vendor is contractually bound to comply with the Foundation’s privacy and data protection requirements, and signs a confidentiality agreement promising that it will take every precaution to protect the personal information in its possession and to destroy it upon completion. (Appendix A)
Further, personal information sent between the Foundation and third party vendors will be transferred using secured password-protected file transfer protocols.
1.2 IDENTIFYING PURPOSES
Before personal information is collected, the Foundation must identify the purpose for which it is being collected. (Appendix B) Safeguards are in place to ensure that the information is not disclosed or shared more widely than is necessary to achieve the purpose for which it was gathered unless otherwise required by law. Should a new purpose be established, individuals must be notified of the change.
1.3.1 IMPLIED CONSENT
In the collection, use or disclosure of personal information, knowledge and consent of the individual is required. This consent must be meaningful and easily understood. The Foundation will consider a donation or event registration as implied consent to inform the donor of the impact of their gifts and include them in future communications to support St. Joseph’s Healthcare Foundation, unless otherwise indicated by the donor.
1.3.2 WITHDRAWAL OF CONSENT
The Foundation offers individuals the opportunity not to receive any or all communications from us. Such requests will be respected and acted on promptly. Opt-out clauses will be included in all direct mail pieces, e-newsletters, and e-solicitations. Opt-out contact information is prominently located on the Foundation website. To opt-out at any time, donors are invited to call our Foundation at 905-521-6036.
1.3.3 FORMER PATIENT SOLICITATION
The Foundation receives limited information on patients who have been discharged. Safeguards have been put in place to protect patient privacy and to eliminate inappropriate mailings.
The Foundation does not have direct access to patient information; the hospital prepares all data selections. All data received from the Hospital contains only the information necessary for our fundraising practices and adheres to PIPEDA and FIPPA legislation.
Only when an individual responds to a mailing does the Foundation enter their name & address into the secure donor database. All patient mailings include an opt-out clause and the Foundation maintains a list of individuals who have opted-out.
1.3.4 PUBLICATION OF DONOR LISTS
With respect to the publication of donor lists by gift category, donor requests for anonymity will be honoured.
1.4 LIMITING COLLECTION
Personal information collected is limited to that which is necessary to fulfill the purposes identified. Information will be collected only by lawful means without misleading or deceiving individuals as to the reason. The source of the data will be indicated on each file.
1.5 LIMITING USE, DISCLOSURE AND RETENTION
The Foundation collects, uses and discloses personal information only for the Foundation’s fundraising programs and initiatives, and to support ongoing administration of our authorized fundraising activities. When information is no longer needed it will be securely destroyed.
The Foundation only uses the information it collects for Foundation programs that support St. Joseph’s Healthcare Hamilton.
The Foundation will take reasonable steps to ensure that personal information is as accurate, complete, and up to date as possible.
The Foundation will ensure that steps are taken to protect personal information from theft and loss, as well as unauthorized access, disclosure, copying or use. The Foundation has established policies and procedures, as well as technical security to protect personal information.
Hard copies of records are kept in locked cabinets and are accessible by Foundation staff only on a need to know basis. All electronic information is stored on secure servers and only Foundation staff with confidential passwords may access electronic records.
Information obtained from donors or visitors to our website is protected by special electronic security measures. The Foundation only captures information from our website if a visitor chooses to make a donation, fill out a form or contact us.
Our Foundation publishes our personal information protection policies and practices and clearly indicates who serves as the Foundation’s Chief Privacy Officer. This information is posted on our website and available in print form.
1.9 INDIVIDUAL ACCESS
Upon request, individuals will be informed of the existence, use and disclosure of their own personal information and be given access to that information, as permitted or required by law. An individual has the right to challenge the accuracy and completeness of the information and have it amended if appropriate.
All requests for access will be responded within a reasonable time (not more than 30 days) and at minimal or no cost to the individual.
1.10 CHALLENGING COMPLIANCE
An individual can challenge the Foundation’s compliance with this policy. If so, the Foundation will follow the procedures outlined in its Complaints Policy (2003 ADM-2).
Policies and procedures will be amended if a complaint has validity.
This policy will be regularly reviewed and updated as required. Revisions will be posted on the Foundation’s website.
Attention: Chief Privacy Officer
224 James Street South
Hamilton, Ontario L8P 3A9
Further information on privacy and personal information may be found on the website of the Privacy Commissioner of Canada at www.privcom.gc.ca.
St. Joseph’s Healthcare Foundation is committed to carry out its mission to support St. Joseph’s Healthcare Hamilton in providing quality, caring healthcare to the community in the spirit and tradition of the Sisters of St. Joseph. Every gift is of great value to us, regardless of size. We value feedback from all key stakeholders as a means to improve our practices.
- We value all donors and others who make a complaint and view this as an opportunity to refine and improve our procedures.
- Privacy is respected.
- Requests for anonymity are respected and strictly adhered to.
- Complaints will be dealt with promptly and sensitively by the appropriate staff member.
2.1 To ensure that complaints are kept to a minimum, we will adhere to strict ethical practices in all our fundraising activities.
2.2 If a serious complaint cannot be reasonably addressed by the appropriate level of staff member outlined in the attached procedures, it will be forwarded to the Foundation President for resolution, and if necessary to the Chair of the Foundation’s Board of Directors.
2.3 All requests for donor anonymity will be respected.
2.4 All complaints directed to the Foundation office will be acted upon immediately. They will be documented and monitored by the supervisor of the staff member assigned to address the complaint.
2.5 Normally, all complaints will be brought to the attention of the President, and will be addressed by the most appropriate person possible.
2.6 The Foundation’s Chief Privacy Officer will act upon all complaints related to privacy.
2.7 An annual report on complaints will be prepared and presented to the Senior Management Team and Governance Committee of the Board to review and take corrective action.
Approved by the Board of Directors February 11, 2016
The success of St. Joseph’s Healthcare Foundation in meeting the needs of St. Joseph’s Healthcare is heavily dependent on our ability to inspire confidence and trust in the minds of our donor public. People make financial contributions to our Foundation for many reasons—a personal experience of the care St. Joseph’s provides, the Hospital’s reputation for quality and compassionate care, the excellence of our healthcare staff, to name a few. But equally important in obtaining and retaining such financial support is our Foundation’s reputation for integrity and ethical fundraising practices. This policy speaks to several areas of our fundraising program and outlines the ways in which we seek to operate in the most ethical manner possible. This shows respect for our donors and clearly puts the onus on our Foundation to be open, honest and transparent in our raising, investment and disbursal of funds.
I. FINANCIAL PRACTICE AND TRANSPARENCY
1. The Foundation’s financial affairs will be conducted in a responsible manner, consistent with the ethical obligations of stewardship and all applicable law.
2. All donations will be used to support the Foundation’s objects, as registered with the Canada Revenue Agency (CRA).
3. All restricted or designated donations will be used for the purposes for which they were given unless the charity has obtained legal authorization to use them for other purposes. Alternate uses will be discussed where possible with the donor or the donor’s legal designate. If the donor is deceased or legally incompetent and the Foundation is unable to contact a legal designate, the donation will be used in a manner that is as consistent as possible with the donor’s original intent. If necessary, the Foundation will apply to the courts or the appropriate regulatory body to obtain legal authorization to use the donation for other purposes.
4. Annual financial reports are necessary to achieve transparency and accountability to donors and the public. They are accessible on the Foundation’s website, provided upon request and will:
- be factual and accurate in all material respects;
- disclose the gross amount of fundraising revenues (receipted and non-receipted);
- disclose the total amount of fundraising expenses (including salaries and overhead costs);
- disclose all donations that are receipted for income tax purposes;
- disclose the total amount of expenditures on charitable activities (including gifs to other charities);
- segregate undesignated and designated funds;
- identify government grants and contributions separately from other donations; and
- Financial Statements will be prepared in accordance with generally accepted accounting principles and standards established by the Canadian Institute of Chartered Accountants, in all material respects (or disclose a discrepancy between the practice and GAAP).
5. The cost-effectiveness of the Foundation’s fundraising programs will be reviewed regularly by the governing board. No more will be spent on administration and fundraising than is required to ensure effective management and resource development. The Foundation will disclose its process for evaluating its spending and will comply with CRA recommended cost of fundraising guidelines.
6. The Foundation will, upon request, disclose the revenue and expense assumptions for its fundraising activity as approved by its Board in its annual budget.
7. The Foundation’s financial statements will be audited by an independent public accountant.
8. An Investment Policy Statement will be in place setting out asset allocation, procedures for investment decisions, and asset protection issues. It will be reviewed annually by our Investment Committee and by our investment counsel.
9. A Gift Acceptance Policy will be in place to provide guidance on the types of gifts our Foundation can accept. We will conform with all federal government regulations and legal requirements.
10. The Foundation will act promptly to provide information requested in its most current form. This includes audited financial statements, annual reports, our charitable business number as assigned by CRA, any information contained in the public portion of the Foundation’s most recent Charity Information Return (T3010A) as submitted to CRA, a copy of the Foundation’s investment policy, a list of the names of our governing board.
11. The Foundation will provide information that will add to the public’s understanding of and confidence in our operations, methods, and costs of fundraising by publishing an annual.
12. If we release a financial summary or extract, it is clearly related to and consistent with the information provided in our full financial statements including notes.
13. All eligible donations, regardless of amount, will receive an official gift receipt.
II. RESTRICTED AND DESIGNATED DONATIONS
Our Foundation prepares and issues official gift receipts for monetary gifts and for gifts in kind in compliance with all regulatory requirements. We adhere to a donor’s wishes as they relate to restricted or designated donations.
III. COLLECTION, MAINTENANCE, USE AND CONFIDENTIALITY OF DONOR RECORDS
Our Foundation complies with all relevant provisions of the Personal Information Protection and Electronic Documents Act and observes the following practices when collecting donor information, maintaining and using confidential donor records, and protecting donor anonymity:
1. We guard against making unwarranted or intrusive inquiries into a donor or prospect’s gift history or personal life and gather only information that is relevant and necessary to our fundraising efforts.
2. We make all reasonable efforts to ensure the personal information we collect is complete and accurate
3. We require attribution for all data that we collect.
4. We encourage donors to review, correct and update personal information.
5. We require a donor’s consent before confidential information is released to outside parties.
6. We have established and follow reasonable time periods for the retention and disposal of donor information.
7. We have established special security safeguards to protect donor information and limit access to donor files.
8. We give special protection to all records pertaining to anonymous donors.
9. We recognize that our duty to ensure the confidentiality of donor records continues even after our relationship with a donor or prospect has ended.
10. We record a donor’s oral consent regarding the proposed use of their personal information when information is collected by phone.
11. We provide donors with an opportunity to remain anonymous and to request that the donor’s name and/or the amount of the gift not be publicly released.
12. We honour donors’ and prospective donors’ requests to: limit the frequency of contact; not be contacted by telephone or other technology; receive printed material concerning the organization; and discontinue contact.
Solicitation of Former Patients
A natural constituency for financial support of the Hospital is its former patients. This group comprises the “alumni” of the Hospital who have received care at St. Joseph’s. 30-60 days following their discharge, we write to selected former patients inviting their financial support. We make every effort to ensure that this appeal is tasteful, appropriate, and complies with privacy legislation.
IV. ELECTRONIC GIFTS
Technology is playing an increasing role in philanthropy. To protect the interests of donors who choose to give electronically, our Foundation adheres to the following practice:
1. Our website lists our Foundation’s full name, charitable business number, and mission clearly and immediately for online donors.
2. For those who wish to contact us other than through the website or e-mail, we clearly provide alternative contact information.
3. Eligibility for an official gift receipt is clearly outlined.
4. All precautions are taken to ensure that gifts made electronically are safe, private and secure, and that a donor’s personal information is protected.
5. E-donors are assured that any information they provide is held in strict confidence, and that this Ethical Fundraising Practices Policy is clearly listed on our website.
6. Electronic donors will receive communications or solicitations from the Foundation but will have a clearly identified area where they can “opt out” of receiving any future communications. Donors will also be given the opportunity to provide direction on how often they would like to be contacted and by which method, i.e.: mail, phone or email.
1. Our Board of Directors reviews our fundraising practices and policies on a regular basis and tests them for continuing relevance, legislative compliance and applicability. Adjustments are made, as required, to ensure that the maximum amount of donations possible is applied to our charitable activities in a manner that is consistent with the long-term interests of our organization and its beneficiaries.
2. Our fundraising policies, practices and expectations are clearly communicated to all staff.
VI. FUNDRAISING PRACTICES
1. In accordance with all applicable laws, fundraising solicitations on behalf of the Foundation will:
- be truthful;
- accurately describe the Foundation’s activities and the intended use of donated funds; and
- all fundraising solicitations by the Foundation disclose our name and the purpose for which the funds are requested. This includes address or other contact information.
2. The Foundation will be honest and clear on any claims it makes about the Hospital. It will refrain from using marketing materials or making representations that could be misleading. The Foundation will not exploit its beneficiaries. It will be sensitive in describing those it serves (whether using graphics, images or text) and fairly represent their needs and how these needs will be addressed.
3. When the Foundation conducts online solicitations, its practices will be consistent with or exceed the provisions of the Canadian Code of Practice for Consumer Protection in Electronic Commerce, which is downloadable at: http://www.ic.gc.ca/eic/site/cmc-cmc.nsf/eng/fe00113.html.
4. When the Foundation conducts face-to-face solicitations, its practices shall include measures to
- provide verification of the affiliation of the person representing the Foundation; and,
- secure and safeguard any confidential information, including credit card information, provided by donors.
- encourage donors to consult their professional advisors to determine the tax consequences of their gift.
5. Volunteers, employees and third party consultants/solicitors who solicit or receive funds on behalf of the Foundation shall:
- adhere to the provisions of this Imagine Canada Standards;
- act with fairness, integrity, and in accordance with all applicable laws;
- adhere to the provisions of applicable professional codes of ethics, standards of practice, and all relevant Foundation policies, etc.;
- cease solicitation of a prospective donor who identifies the solicitation as harassment or undue pressure, or who states that he does not wish to be solicited;
- disclose immediately to the Foundation any actual or apparent conflict of interest or loyalty; and
- Disclose upon request, whether the individual or entity seeking donations is a volunteer, employee or contracted third party.
- not accept donations for purposes that are inconsistent with the Foundation’s objects or mission.
6. The Foundation will provide, upon request, its best available information on the gross revenue, net proceeds and costs of any fundraising activity it undertakes.
7. Paid staff or consultants will be compensated by a salary, retainer or fee, and will not be paid finders’ fees, commissions or other payments based on either the number of philanthropic contributions received or the value of funds raised.
8. The Foundation will not sell, rent or exchange its donor list.
9. The Foundation’s governing board will be informed at least annually of the number, type and disposition of complaints received from donors or prospective donors.
10. It is the policy of our Foundation to have a written complaints procedure in place to ensure that all complaints from donors or the community-at-large are handled promptly, courteously, and to the satisfaction of all parties.
VII. CONFLICTS OF INTEREST
Our by-laws include a written conflict of interest statement and we address actual or perceived conflicts of interest in the following manner:
1. We define a conflict of interest for our fundraisers and advise all fundraisers that they must act in the best interests of our organization rather than in furtherance of their personal interests or the interests of third parties.
2. We instruct all fundraisers to avoid situations where their personal interest conflicts or appears to conflict with their duties within our organization.
3. We instruct all fundraisers to evaluate their conduct in light of the impact on our organization.
4. We require our fundraisers to disclose both actual and apparent conflicts of interest.
5. Our conflict-of-interest disclosure procedures are clearly articulated and we believe well understood by all staff and Directors.
6. Our staff, Directors and volunteers recognize that the duty to disclose even an “apparent” conflict of interest requires a consideration of public perception when evaluating whether a conflict of interest is present.
7. We are mindful of our fiduciary duty to ensure the disclosure of any conflict of interest that would be of material interest or relevance to a donor or which may influence a donor’s decision to give; and
8. Where a donor elects to make a gift in spite of the presence of a conflict of interest, we encourage that the donor obtain independent advice regarding his or her gift. Further, we encourage donors to seek independent advice if the proposed gift might significantly affect the donor’s financial position, taxable income or relationship with other family members.
VIII. FUNDRAISER COMPENSATION
Our Foundation observes the following compensation practices:
1. Fundraisers are compensated on the basis of their experience, expertise and the time requirements of the position.
2. Where a fundraiser’s performance exceeds job expectations and additional compensation is merited, eligibility for and calculation of the amount of compensation to be paid is not based on a percentage of income (e.g., in the form of donations, gifts, grants and similar funds) received by our organization as a result of the fundraiser’s efforts.
3. We undertake the institutional planning, board development and volunteer recruitment necessary to make our fundraising program successful over time.
All fundraising programs undertaken by our Foundation are reviewed by the Board of Directors to ensure that they are consistent with our Vision and Mission statements, and that they comply with this Ethical Fundraising Practices Policy.
Ethical Investment Practices:
It is the preference of St. Joseph’s Healthcare Foundation that investments are limited to companies or governments (for government-backed securities) that generally follow ethical guidelines and recognize our relationship with the Sisters of St. Joseph. In addition, the investment manager will make all investments in accordance with the CFA Institute’s Code of Ethics and Standard of Professional Conduct.
In the absence of specific constraints, it is understood that the investment manager will fulfill their duties in a manner which;
- Prioritizes capital preservation;
- Maximizes returns and minimizes risk, given prevailing market conditions;
- Adheres to the safeguards and diversity to which a prudent investor would normally adhere; and
- Selects investments that are appropriate to the Sisters of St. Joseph’s philosophy of social justice, environmental responsibility and humanitarian/economic values.