Privacy Policy & Terms of Use

PART I — PRIVACY POLICY

1. Our Commitment to Privacy

The Jamaal Magloire Foundation respects your privacy and is committed to protecting the personal information entrusted to us.

Our privacy practices are guided by applicable Canadian privacy laws and recognized privacy principles, including the fair information principles reflected in the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”), where applicable.

We seek to collect only the information reasonably required to operate the Foundation, administer our programs and initiatives, communicate with our community and fulfill our legal and administrative obligations.

2. Personal Information We Collect

The information we collect depends on how you interact with the Foundation.

We may collect:

• your first and last name;
• mailing address and postal code;
• email address;
• telephone number;
• age or date-of-birth information where relevant to eligibility;
• citizenship, permanent residency or residency information where required for a program;
• organization, employer or corporate information;
• donation information, including donation amount;
• information required to issue charitable donation receipts;
• newsletter and electronic communication preferences;
• information submitted through contact forms;
• volunteer interests, qualifications and availability;
• employment information, resumes, qualifications and work history;
• educational information;
• school, college, university or training institution information;
• program of study;
• proof of enrolment or acceptance;
• transcripts and academic records;
• resumes and curriculum vitae;
• reference letters;
• essays and written application responses;
• video submissions;
• photographs;
• social-media usernames or links;
• financial information relating to eligibility for bursaries, scholarships or grants, including personal or family income ranges and information concerning financial assistance;
• information concerning racial, cultural or demographic identity where voluntarily provided or required to determine eligibility for a particular Foundation program;
• identification or residency documentation requested to verify eligibility;
• information submitted in connection with organizational grant applications, including budgets and information concerning directors or affiliated organizations;
• correspondence and information you provide when communicating with us; and
• technical information generated through your use of our website.

Some Foundation programs may require applicants to provide supporting documents containing additional personal information.

3. Sensitive Personal Information

Certain Foundation programs require information that may be considered sensitive, including:

• financial circumstances;
• demographic or racial identity;
• academic records;
• identification documents;
• residency information;
• employment information; and
• documentation demonstrating financial need or program eligibility.

We take the sensitivity of this information into account when determining how it is collected, accessed, used, disclosed and retained.

We limit access to sensitive information to individuals who reasonably require it to administer the relevant program or carry out Foundation activities.

4. How We Collect Personal Information

We may collect personal information when you:

• visit our website;
• contact us;
• subscribe to our mailing list;
• make a donation;
• register for or attend an event;
• apply for a scholarship, bursary, grant or other program;
• submit supporting documents;
• apply for employment;
• apply to volunteer;
• participate in Foundation programming;
• communicate with Foundation staff or representatives;
• interact with us through social media; or
• otherwise provide information directly to us.

We may also receive information from third-party service providers involved in processing payments, administering programs, hosting applications or supporting Foundation operations.

5. How We Use Personal Information

We may use personal information to:

• process and acknowledge donations;
• issue charitable donation receipts;
• maintain donor and financial records;
• respond to inquiries and requests;
• communicate with donors, volunteers, applicants, participants, sponsors, partners and members of the community;
• administer scholarships, bursaries, grants and other awards;
• determine program or award eligibility;
• assess applications;
• verify information submitted by applicants;
• select finalists and recipients;
• communicate with successful and unsuccessful applicants;
• administer mentorship programs, sports clinics, arts programs, community initiatives and other Foundation programming;
• administer volunteer opportunities;
• assess the suitability of volunteers working with youth;
• administer employment opportunities;
• organize fundraising initiatives and events;
• administer registrations, tickets or attendance for Foundation events;
• manage relationships with sponsors and community partners;
• send newsletters and Foundation updates;
• communicate information regarding events, promotions and other Foundation activities;
• manage communication preferences and unsubscribe requests;
• maintain, operate and improve our website;
• monitor website performance and usage;
• protect the security and integrity of our website and systems;
• investigate suspected misuse, fraud or unlawful activity;
• maintain records;
• comply with legal, regulatory, tax, accounting and reporting requirements; and
• fulfill other purposes identified when information is collected.

We will not use personal information for a materially different purpose without obtaining additional consent where required by law.

6. Donations

When you make a donation, we may collect information including your name, address, email address, telephone number, donation amount and information required to administer your donation and issue a charitable donation receipt.

Payment information may be processed by third-party payment processors.

Where payment card information is entered directly into a third-party payment system, the Foundation may not receive or retain your complete payment-card details.

Information relating to donations may be retained for accounting, taxation, charitable receipting, audit, donor-relations and legal purposes.

Unless expressly stated otherwise, donations are voluntary and are generally not refundable once processed, except where required by law or where the Foundation determines that a refund is appropriate due to an error or other exceptional circumstance.

7. Scholarships, Bursaries, Grants and Awards

The Foundation operates scholarships, bursaries, grants and other funding programs.

Application information may be used to:

• confirm eligibility;
• assess financial need;
• evaluate applications;
• compare applicants against published program criteria;
• verify information submitted;
• contact applicants;
• conduct interviews;
• select finalists and recipients;
• administer awards;
• monitor program outcomes; and
• satisfy program, funding, reporting and audit requirements.

Application materials may be reviewed by Foundation employees, directors, representatives, authorized selection committees and, where appropriate, sponsoring or funding organizations involved in administering a particular award or grant.

Applicants are responsible for ensuring that information submitted in an application is truthful, accurate and complete.

Submitting an application does not guarantee that an applicant will receive an award, grant, scholarship, bursary or other benefit.

The Foundation reserves the right to verify information submitted by an applicant and to disqualify an application where eligibility requirements are not satisfied or information is materially inaccurate, incomplete or misleading.

8. Volunteers and Individuals Working With Youth

Certain volunteer positions involve working directly with children or youth.

The Foundation may require prospective volunteers to undergo appropriate screening, including a police record check or vulnerable-sector screening where appropriate.

Information collected or received in connection with such screening will be handled with additional care and access will be limited to individuals who reasonably require it for screening or program-administration purposes.

Submission of a volunteer application does not guarantee acceptance into a Foundation program or volunteer position.

9. Employment Applications

If you apply for a job with the Foundation, we may use the information you submit to:

• evaluate your qualifications;
• assess your suitability for the position;
• contact you;
• arrange interviews;
• conduct reference or eligibility checks; and
• administer the recruitment and hiring process.

We may retain employment application information for a reasonable period following the completion of a recruitment process.

10. Photographs, Video and Promotional Materials

Foundation events and programs may be photographed, filmed or otherwise recorded.

Where appropriate or required, we will seek consent before using identifiable photographs, videos, testimonials or personal stories for promotional, fundraising, social-media or public-communications purposes.

Certain applications may expressly request photographs, video submissions, social-media information or similar materials.

Where the applicable application states that submitted materials may be used for marketing or promotional purposes, use of those materials will be governed by the consent obtained through that application.

11. Children and Youth

Supporting children and young people is central to the Foundation's mission.

We take additional care when dealing with personal information relating to minors.

Depending on the nature of the program, the age of the participant and the sensitivity of the information, we may require the consent of a parent or legal guardian.

We seek to collect only the information reasonably necessary to administer the relevant youth program or activity.

12. Electronic Communications

You may choose to subscribe to receive news, event information, promotions and other electronic communications from the Foundation.

Where Canada's Anti-Spam Legislation (“CASL”) applies, the Foundation will obtain the required consent before sending commercial electronic messages and will provide the identification information and unsubscribe mechanism required by law.

You may unsubscribe from promotional electronic communications at any time by using the unsubscribe link contained in the communication or by contacting us.

An unsubscribe request will not prevent the Foundation from sending communications that are reasonably necessary to administer a donation, application, event registration, program participation or other existing relationship.

13. Cookies, Analytics and Website Technologies

Our website may use cookies, tags, pixels, analytics services and similar technologies.

These technologies may collect information including:

• IP address;
• device type;
• browser type;
• operating system;
• referring website;
• approximate geographic location;
• pages visited;
• links clicked;
• dates and times of visits; and
• other website usage information.

The Foundation may use technologies such as Google Tag Manager and related analytics services to help operate, measure and improve the website.

You may be able to block or delete cookies through your browser settings. Disabling certain cookies may affect the operation or functionality of portions of the website.

14. Third-Party Services

We may use third-party companies and service providers to assist with:

• website hosting;
• website development and maintenance;
• analytics;
• payment processing;
• donation administration;
• email distribution;
• database management;
• event administration;
• application processing;
• data storage;
• professional services; and
• other Foundation operations.

These providers may receive personal information where reasonably necessary to provide their services.

We expect service providers handling personal information on our behalf to maintain safeguards appropriate to the information they receive.

15. Disclosure of Personal Information

We do not sell personal information.

We may disclose personal information:

• to service providers acting on our behalf;
• to individuals participating in scholarship, bursary, grant or award selection;
• to sponsoring or funding partners where reasonably required to administer a jointly funded program;
• where an individual has consented to the disclosure;
• where required or permitted by law;
• in response to a lawful court, regulatory or governmental request;
• where reasonably necessary to investigate fraud or unlawful activity;
• to protect the rights, safety or property of the Foundation or others; or
• in connection with a corporate or organizational restructuring permitted by law.

16. Information Processed Outside Canada

Some third-party service providers used by the Foundation may store or process information outside Ontario or outside Canada.

Personal information processed in another jurisdiction may be subject to the laws of that jurisdiction and may be accessible to courts, law-enforcement agencies or governmental authorities in accordance with applicable law.

We take reasonable steps when selecting service providers that handle personal information on our behalf.

17. Consent

Where consent is required, we seek consent appropriate to the nature and sensitivity of the personal information involved.

Consent may be express or implied depending on the circumstances.

You may withdraw consent to the continued use or disclosure of personal information, subject to reasonable legal, administrative or contractual restrictions.

Where information is necessary to administer a program, award, donation or service, withdrawing consent may prevent us from continuing to provide that program or service.

18. Retention of Information

We retain personal information only for as long as reasonably required for the purposes for which it was collected and for applicable:

• legal requirements;
• charitable and tax requirements;
• financial record-keeping;
• accounting;
• audit requirements;
• program administration;
• grant administration;
• dispute resolution; and
• legitimate organizational record-keeping.

Retention periods may vary depending on the type and sensitivity of the information.

When information is no longer reasonably required, we take appropriate measures to securely delete, destroy or anonymize it, subject to reasonable backup and archival practices.

19. Protecting Personal Information

We use reasonable administrative, physical and technical safeguards appropriate to the sensitivity of the information under our control.

These safeguards may include:

• access controls;
• password protection;
• technology and network safeguards;
• restrictions on access to sensitive application information;
• confidentiality requirements;
• secure service providers; and
• internal practices designed to prevent unauthorized access, use or disclosure.

No method of transmitting or storing information electronically can guarantee absolute security.

20. Accuracy and Correction

We take reasonable steps to ensure personal information used to make decisions concerning an individual is accurate and complete.

You may contact us if you believe information we hold about you is inaccurate or should be updated.

21. Access to Personal Information

Subject to applicable law, you may request access to personal information that we hold about you and request correction of information that is inaccurate or incomplete.

We may require reasonable information to verify your identity before processing a request.

Access may be restricted where permitted or required by law, including where disclosure would reveal personal information concerning another individual or information protected by legal privilege.

22. Privacy Incidents

If we become aware of unauthorized access, loss, use or disclosure of personal information, we may investigate the incident, take reasonable steps to contain it and implement appropriate corrective measures.

Where notification or reporting is required by applicable law, we will take the required steps.

PART II — WEBSITE TERMS OF USE

23. Acceptance of These Terms

By accessing or using this website, you agree to comply with these Terms.

If you do not agree with these Terms, you should not use the website.

These Terms apply to all visitors and users of the website.

Additional terms or eligibility requirements may apply to particular programs, scholarships, bursaries, grants, events, contests or other initiatives. Where additional terms are provided, those terms form part of your agreement with the Foundation in connection with that particular activity.

24. Permitted Use of the Website

You may use the website for lawful, personal and informational purposes and to interact with Foundation programs, applications and services.

You agree not to use the website:

• for an unlawful purpose;
• to submit fraudulent, false or misleading information;
• to impersonate another individual or organization;
• to interfere with the operation or security of the website;
• to attempt unauthorized access to systems or information;
• to introduce malicious software, viruses or harmful code;
• to scrape, harvest or systematically extract information from the website without permission;
• to infringe intellectual-property rights;
• to interfere with another person's use of the website; or
• in a manner that could damage the Foundation, its systems, programs, reputation or operations.

We may restrict or terminate access to the website where we reasonably believe it is being misused.

25. Intellectual Property

Unless otherwise stated, the content appearing on this website is owned by or licensed to the Jamaal Magloire Foundation.

This includes, without limitation:

• text;
• graphics;
• photographs;
• images;
• illustrations;
• videos;
• logos;
• trademarks;
• program names;
• designs;
• website layout; and
• other original content.

Such materials are protected by applicable copyright, trademark and other intellectual-property laws.

You may view and use website materials for personal and non-commercial purposes.

You may not reproduce, publish, distribute, modify, sell, license, commercially exploit or create derivative works from Foundation materials without prior written permission, except where permitted by law.

26. Jamaal Magloire Name and Likeness

The use of the name, image, likeness, signature or other identifying characteristics of Jamaal Magloire appearing on this website does not grant any visitor or third party a right or licence to use those materials.

No use may be made of Jamaal Magloire's name, image or likeness for advertising, endorsement, merchandising or other commercial purposes without appropriate prior authorization.

27. User-Submitted Materials

The website may permit you to submit materials including:

• application forms;
• essays;
• resumes;
• photographs;
• videos;
• reference letters;
• testimonials;
• budgets;
• supporting documents;
• links;
• comments; and
• other content.

You retain ownership of materials that you own.

By submitting materials, you confirm that:

• the information is accurate to the best of your knowledge;
• you have the right to submit the material;
• the material does not knowingly infringe another person's rights; and
• the Foundation may use the material for the purpose for which it was submitted.

Submitting material to the Foundation does not automatically grant us the right to publicly publish or commercially exploit that material.

Where we wish to use identifiable applicant, participant or user-submitted content for marketing, promotional or public-facing purposes, we will rely on the consent obtained through the applicable form, program or other authorization.

28. Scholarships, Bursaries, Grants and Programs

Eligibility criteria, application deadlines, award amounts, selection procedures and other program details are established separately for each Foundation initiative.

The Foundation may:

• verify application information;
• request additional information;
• contact references;
• request documentation supporting eligibility;
• interview applicants;
• reject incomplete applications;
• disqualify applicants who do not meet program requirements; and
• make award decisions in accordance with applicable program criteria.

Submission of an application does not create an entitlement to an award.

Unless otherwise expressly stated, decisions concerning recipients are final.

The Foundation may modify, postpone, suspend or cancel a program where reasonably necessary, including due to funding, operational, regulatory or other circumstances.

29. Donations and Charitable Receipts

Donations made through the website are made to the Jamaal Magloire Foundation.

The Foundation is currently identified on its website as a Canadian registered charity under Charity Registration No. 883166506 RR 0001.

Charitable donation receipts will be issued where a donation qualifies under applicable Canadian tax rules and Foundation policies.

The amount eligible for a charitable receipt may differ from the total amount paid where the donor receives goods, services, event admission or another advantage in connection with the payment.

Nothing on the website constitutes tax, accounting or financial advice.

30. Foundation Events

The Foundation may advertise, administer or facilitate events through the website.

Event information, including:

• dates;
• times;
• locations;
• admission requirements;
• ticket availability;
• programming;
• performers;
• sponsors; and
• event inclusions

may change where reasonably necessary.

Certain events may be subject to age restrictions, venue requirements, identification requirements or additional conditions of entry.

Event registrations, tickets, donations or other payments may also be subject to additional terms disclosed at the time of registration or purchase.

31. External Websites and Third-Party Content

The website may contain links to third-party websites, platforms or services.

These links are provided for convenience and information.

The Foundation does not control third-party websites and is not responsible for their:

• content;
• privacy practices;
• availability;
• security;
• products;
• services; or
• representations.

A link to another website does not necessarily constitute an endorsement by the Foundation.

Your use of a third-party website is governed by that third party's own terms and policies.

32. Social Media

The Foundation may maintain accounts on third-party social-media platforms.

Interactions with those platforms are subject to the terms and privacy policies of the applicable platform.

Content posted publicly to a Foundation social-media account may be visible to other users and should not be considered private.

33. Website Information

We make reasonable efforts to provide accurate and current information.

However, website content may occasionally contain:

• typographical errors;
• outdated information;
• incomplete information;
• technical errors; or
• inaccuracies.

We may correct or update information without prior notice.

Where information on a specific application form, program page, event registration page or official communication conflicts with general information elsewhere on the website, the more specific information should generally govern that particular program or event.

34. Website Availability

We do not guarantee that the website will always be available, uninterrupted, secure or error-free.

The website may be unavailable from time to time due to:

• maintenance;
• upgrades;
• technical problems;
• hosting issues;
• security concerns; or
• circumstances outside our reasonable control.

We may modify, suspend or discontinue all or part of the website at any time.

35. No Professional Advice

Information provided through the website is intended for general informational purposes.

Nothing on the website constitutes legal, tax, financial, medical or other professional advice.

Users should obtain appropriate professional advice where required for their individual circumstances.

36. Disclaimer

The website and its content are provided on an “as is” and “as available” basis to the extent permitted by law.

While we make reasonable efforts to maintain reliable and useful information, we do not guarantee that:

• all information will always be complete or current;
• access will be uninterrupted;
• errors will never occur;
• the website will be free from harmful components; or
• a particular Foundation program, event or opportunity will always remain available.

Nothing in these Terms excludes rights or obligations that cannot lawfully be excluded.

37. Limitation of Liability

To the maximum extent permitted by applicable law, the Jamaal Magloire Foundation and its directors, officers, employees, volunteers, representatives and service providers will not be liable for indirect, incidental, special, consequential or punitive damages arising from or relating to:

• use or inability to use the website;
• reliance on website content;
• interruptions or technical failures;
• third-party websites or services;
• unauthorized access caused by circumstances beyond our reasonable control; or
• use of information or materials obtained through the website.

Nothing in these Terms is intended to limit liability where such liability cannot legally be limited or excluded.

38. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless the Jamaal Magloire Foundation and its directors, officers, employees and representatives from claims, losses, liabilities or expenses arising directly from:

• your unlawful use of the website;
• your material violation of these Terms;
• fraudulent information submitted by you; or
• your infringement of another person's rights.

This provision does not apply to the extent that a claim results from the Foundation's own negligence, misconduct or violation of law.

39. Governing Law

These Terms and your use of the website are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.

Subject to applicable law, disputes relating to these Terms or the website will be subject to the jurisdiction of the courts of Ontario.

40. Severability

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary and the remaining provisions will continue in effect.

41. No Waiver

A failure by the Foundation to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

42. Changes to This Privacy Policy & Terms of Use

We may update these Terms periodically to reflect changes to:

• our website;
• Foundation programs;
• our privacy practices;
• technology;
• third-party services; or
• applicable legal requirements.

The most current version will be posted on this website together with its effective date.

Your continued use of the website following an update constitutes acceptance of the revised website Terms of Use.

Where required, we will obtain new or additional consent before materially changing the purposes for which previously collected personal information is used.

43. Contact and Privacy Questions

Questions concerning these Terms, our privacy practices or personal information may be directed to:

Privacy Officer
Jamaal Magloire Foundation
[email protected]
8555 Jane Street, Suite 320
Vaughan, Ontario L4K 5N9
Canada

You may also contact the Foundation using the contact form available at:

jamaalmagloirefoundation.com/contact/

For privacy-related requests, please clearly indicate that your inquiry concerns privacy so that it can be directed appropriately.

Jamaal Magloire Foundation
Charity Registration No. 883166506 RR 0001
8555 Jane Street, Suite 320
Vaughan, Ontario L4K 5N9
Canada