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What does Canada’s Anti-Spam Legislation mean for your nonprofit?

Canada’s Anti-Spam Legislation (CASL) is coming into full force July 1, 2017 after a transition period of three years. The law prohibits sending commercial emails to Canadians without their consent. Here are some considerations to help ensure your organization is following this legislation:

We are a nonprofit! Our emails aren’t “commercial” are they? 

Your emails are commercial if they include or advertise any programs, services, or products the recipient could pay for.

For nonprofit organizations, commercial content in emails might include advertising membership, sharing workshop opportunities, selling event tickets, or promoting a corporate sponsor. If your emails include this type of information, CASL applies to your work.

For registered charities, soliciting donations is not considered a commercial activity.

CASL applies to my organization – what do we need to do?

You need to do three things to meet CASL: get consent, include identifying information about your organization, and include an unsubscribe function.

1. Get Consent

Your email recipients need to agree to receive emails from you.

In most cases, your organization is required to get expressed consent. This means email recipients need to ‘opt-in’ to receive your emails.

Implied consent is acceptable with your members, donors, volunteers, business relationships, and program participants who have been actively engaged with your organization in the past two years. Keep in mind, consent is only implied within the boundaries of that particular relationship – for example, you may only have implied consent from program participants for emails about said program. Implied consent needs to be renewed every two years.

When in doubt, get expressed consent!

2. Include Identifying Information

Your email recipients need to know who is sending the email (your organization) and how to get in touch with you. Add your nonprofits email, phone number, or address to your emails in a signature line or an email footer.

3. Include an Unsubscribe Function

Just because your email recipient gave consent, doesn’t mean they can’t withdraw that consent at a later time. You need to have a way for them to do this (like an unsubscribe button) and a process for ensuring you don’t keep emailing them after they have asked to be removed from your list.

What happens if my organization makes a mistake?

Originally, private citizens would have been allowed to file lawsuits against organizations and individuals who did not follow CASL as of July 1, 2017. The provisions allowing these private lawsuits were suspended this week.

The Competition Bureau, the Office of the Privacy Commissioner of Canada, and the CRTC can all still take legal action to enforce CASL, with penalties for the most serious violations ranging up to $10 million.

As well, personal assets of board members are no longer at risk in the case of a mistake or CASL noncompliance.

It is important for nonprofit organizations to ensure that their insurance covers possible risks.

More information on CASL for nonprofits

Lucky for all of us, there are many great CASL resources available for nonprofits! Here are some good places to look for more information, tools, and templates:

Please keep in mind that Volunteer Alberta is not able to offer legal advice. We hope the information we have offered is helpful and we encourage your nonprofit to contact a lawyer with any legal questions.

Sam Kriviak
Volunteer Alberta

Binder office

From the Vault – Privacy Protection: 4 easy steps

This blog was originally posted August 30, 2016.


Young employeeEarlier this year, we shared three ways that being privacy conscious can improve your organization’s reputation. By being privacy conscious you can help strengthen your organization’s reputation, enhance the trust in your staff, and even increase the loyalty of donors, participants, and volunteers.

So what steps can your organization take to improve your privacy practices?

In Alberta, the Personal Information and Protection Act (PIPA) is part of our privacy legislation. PIPA is an outline of best practices for privacy protection, and all organizations can benefit by meeting these standards.

Did you know?

Most nonprofit organizations are only legally required to follow PIPA when collecting, using, or disclosing personal information as part of a commercial activity. For example, operating a day care, emailing your donor list, or selling products, training, or a membership.

Service Alberta has created a workbook specifically for nonprofit organizations to help evaluate and improve privacy protection practices. We have gone through the workbook and highlighted these four best practices for you.


4 Best Practices for Privacy Protection

1. Have a good reason for collecting the information you do.

ID cartoon

What personal information does your organization collect for each program or service that it offers?

Collecting a client’s birthday might be appropriate if your program has a minimum or maximum age requirement, but it would be unnecessary if the client simply wanted to sign up for your newsletter.

Your organization can create a list of the information your organization collects, along with the purpose for collecting each piece. If you find that your organization is collecting more information than it needs, arrange to get rid of the extra information you already have, and stop collecting the information from new participants.

2. Designate a privacy contact person.

Envelope cartoonChoose one person to be a privacy contact person (staff member, volunteer, or board member) to answer questions or requests about the personal information your organization collects.

This person should be familiar with your organization’s privacy policies and procedures, and be readily available to answer any questions.

3. Get consent for collecting, using, and disclosing personal information.

Pen cartoonThere are two types of consent, implied consent and express consent:

Implied consent: Implied consent is acceptable in situations where it is really clear why you are collecting personal information and how you will use it. For example, taking a donor’s credit card information on the payment screen.

Express consent: Most of the time it is a good idea for your organization to provide added clarity for people and provide the opportunity for them to expressly consent to the collection, use, and disclosure of their personal information.

Two examples of express consent statements your organization might use:

1. Your organization is collecting income information for program participants to ensure they meet the low-income requirement:

The income information you have provided will be used to determine your eligibility for the program, and will only be shared within our agency.

□ I consent this information can be used within the organization to verify eligibility.

2. Your organization is collecting medical information for day camp attendees:

My child’s provided medical information will be shared with camp volunteers to assist them in recognizing a medical emergency. I consent to the collection of my child’s personal information for this purpose.

Signature:  ______________

4. Safeguard and protect the information you collect.

Laptop cartoon

The personal information your organization keeps on your clients, donors, members, staff, and volunteers is sensitive. Take care of other people’s information as if it were your own:

  • Lock your filing cabinets and password protect all devices, including laptops, tablets, and flash drives.
  • Limit access to personal information to relevant staff or volunteers.
  • Don’t keep information you don’t need. For example, if you need to verify your volunteer has a driver’s license, make a note that it has been verified rather than keeping a copy of the driver’s license on file.

Remember: Social insurance numbers, credit card information, birthdates, names, and addresses can all be used in identity theft. Medical information, criminal record checks, and income information can also have serious impacts on personal relationships, careers, and housing.

While privacy protection may require you to create new policies, or change your procedures, in the end best practices help your organization to protect those people who are integral to the work you do. After all, nonprofit organizations exist for the people we serve – let’s all do the best job that we can!

Does your organization follow these best practices? Do you have room for improvement? Let us know in the comments!

Sam Kriviak
Volunteer Alberta

10fund

Guest Post: Ten things nonprofits want funders to know

This article originally appeared on the Ontario Nonprofit Network (ONN) blog October 17, 2016.


onnONN has heard a lot about what works and what doesn’t when it comes to funding. Through our policy work, and our outreach and engagement of our network and working groups of nonprofit leaders, we’ve heard from organizations of all sizes over the years from a variety of sectors and parts of Ontario. These ten things keep bubbling up.

So, we’re sharing them here to open a discussion about funding: how it flows, how it can be used, how it’s evaluated, and how data and information is shared. Whether it’s from government or non-government funders, what can be done to improve investment in the sector? Here’s what the nonprofit sector wants funders to know:

1. Budget flexibility: Rather than restrictions, help us innovate and invest in the essentials that we need to deliver on our missions.

2. Measuring success: Together, let’s find great ways to measure success. Focusing on overhead ratio is not an adequate way to measure our work or missions.

3. A resilient workforce: Your funding practices determine whether we can offer decent work and avoid losing our best and brightest to other sectors with better salaries, more secure employment, and benefits.

4. Meaningful evaluation: We want you to work with us to develop appropriate evaluation strategies that can help us to do our work better, while also leading to learnings for both of us.

5. Budget size: To foster healthy growth in the sector, let’s find alternatives to funding rules based on current budget size (aka Budget Testing– limiting funding based on an organization’s current budget size.) This can perpetuate existing inequities and hamstring growing nonprofits. How can an organization grow if it’s always pegged as “small”?

6. Applications: Help reduce costs to apply for funding- use a streamlined, fast-tracked application process and letters of intent.

7. Admin burden proportionate to funding: Adopt application processes, reporting requirements, and expected outcomes proportional to the level of funding provided (and vice versa).

8. Share what’s happening: Talk about the other projects or programs you fund. If you give us information and share data, we can build more effective partnerships.

9. Work with other funders: To streamline funding administration, create common granting guidelines, application forms, and reporting processes.

10. Matching funds: Do away with requiring matching funding as a condition of being approved for a grant; many rural, small, and newer organizations will especially benefit, including those serving marginalized populations.

Liz Sutherland
ONN

Header image: WOCinTech

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Binder office

Privacy Protection: 4 easy steps

Young employeeEarlier this year, we shared three ways that being privacy conscious can improve your organization’s reputation. By being privacy conscious you can help strengthen your organization’s reputation, enhance the trust in your staff, and even increase the loyalty of donors, participants, and volunteers.

So what steps can your organization take to improve your privacy practices?

In Alberta, the Personal Information and Protection Act (PIPA) is part of our privacy legislation. PIPA is an outline of best practices for privacy protection, and all organizations can benefit by meeting these standards.

Did you know?

Most nonprofit organizations are only legally required to follow PIPA when collecting, using, or disclosing personal information as part of a commercial activity. For example, operating a day care, emailing your donor list, or selling products, training, or a membership.

Service Alberta has created a workbook specifically for nonprofit organizations to help evaluate and improve privacy protection practices. We have gone through the workbook and highlighted these four best practices for you.


4 Best Practices for Privacy Protection

1. Have a good reason for collecting the information you do.

ID cartoon

What personal information does your organization collect for each program or service that it offers?

Collecting a client’s birthday might be appropriate if your program has a minimum or maximum age requirement, but it would be unnecessary if the client simply wanted to sign up for your newsletter.

Your organization can create a list of the information your organization collects, along with the purpose for collecting each piece. If you find that your organization is collecting more information than it needs, arrange to get rid of the extra information you already have, and stop collecting the information from new participants.

2. Designate a privacy contact person.

Envelope cartoonChoose one person to be a privacy contact person (staff member, volunteer, or board member) to answer questions or requests about the personal information your organization collects.

This person should be familiar with your organization’s privacy policies and procedures, and be readily available to answer any questions.

3. Get consent for collecting, using, and disclosing personal information.

Pen cartoonThere are two types of consent, implied consent and express consent:

Implied consent: Implied consent is acceptable in situations where it is really clear why you are collecting personal information and how you will use it. For example, taking a donor’s credit card information on the payment screen.

Express consent: Most of the time it is a good idea for your organization to provide added clarity for people and provide the opportunity for them to expressly consent to the collection, use, and disclosure of their personal information.

Two examples of express consent statements your organization might use:

1. Your organization is collecting income information for program participants to ensure they meet the low-income requirement:

The income information you have provided will be used to determine your eligibility for the program, and will only be shared within our agency.

□ I consent this information can be used within the organization to verify eligibility.

2. Your organization is collecting medical information for day camp attendees:

My child’s provided medical information will be shared with camp volunteers to assist them in recognizing a medical emergency. I consent to the collection of my child’s personal information for this purpose.

Signature:  ______________

4. Safeguard and protect the information you collect.

Laptop cartoon

The personal information your organization keeps on your clients, donors, members, staff, and volunteers is sensitive. Take care of other people’s information as if it were your own:

  • Lock your filing cabinets and password protect all devices, including laptops, tablets, and flash drives.
  • Limit access to personal information to relevant staff or volunteers.
  • Don’t keep information you don’t need. For example, if you need to verify your volunteer has a driver’s license, make a note that it has been verified rather than keeping a copy of the driver’s license on file.

Remember: Social insurance numbers, credit card information, birthdates, names, and addresses can all be used in identity theft. Medical information, criminal record checks, and income information can also have serious impacts on personal relationships, careers, and housing.

While privacy protection may require you to create new policies, or change your procedures, in the end best practices help your organization to protect those people who are integral to the work you do. After all, nonprofit organizations exist for the people we serve – let’s all do the best job that we can!

Does your organization follow these best practices? Do you have room for improvement? Let us know in the comments!

Sam Kriviak
Volunteer Alberta

Coffee cup

Alberta Stepping Up and Collaborating to Help Fort McMurray Evacuees

As the wildfire crisis in Fort McMurray and surrounding communities continues, the whole Volunteer Alberta office has been paying attention and keeping our Fort McMurray colleagues, partners, friends, and family in our thoughts.

We have been incredibly inspired by the response from Albertan’s across the province. Some of the stories we have heard so far:

  • Individuals are stepping up as impromptu, informal volunteers to deliver gas to stranded motorists and offer food and beds to evacuees.
  • Businesses are sharing what they have, including vets and kennels opening to pets in need of shelter, restaurants serving free food, family attractions waiving admission fees, and hotels, dorms, and camps providing lodging.
  • Nonprofits in all subsectors are helping in their own ways, including recreation and community centres providing shelter, counselling and referral services supporting evacuees, and disaster relief organizations meeting immediate needs.
  • Government at all levels is getting people out of immediate danger, communicating regularly about what is going on, and providing funding and resources where they are needed.

Not only are people in every sector stepping up to help, collaboration within and across sectors to support evacuees has been amazing. Some examples:

  • Alberta Food Bank Association has organized for food banks in Edmonton and Calgary to transport large amounts of food to Athabasca and Lac La Biche food banks, using the strength of their network to meet emergency needs arising in those small communities.
  • Al Rashid Mosque in Edmonton is helping evacuees using the supplies, connections, and volunteers they have from welcoming Syrian refugees.
  • Airbnb is waiving service fees on listings from those wishing to share their accommodations with evacuees free of charge.
  • Both the provincial and federal governments are matching donations to the Canadian Red Cross, tripling donors’ efforts and enabling a coordinated disaster response. Many businesses are also donating and collecting donations to the Red Cross.
  • Oil companies including Shell and Suncor have been working with the evacuation effort to provide transportation and shelter to evacuees.
  • Volunteer Alberta has been sharing information and well wishes through Twitter, and waiting to hear how we can best help nonprofits, both from Fort McMurray and those helping around Alberta.

In the coming weeks and months, as both short and long term needs become more clear, communities will continue to respond and support evacuees and the community of Fort McMurray. I am sure we will continue to hear stories of Albertans in every sector and corner of the province finding ways to help out.

rogersIf you are looking for opportunities to help, keep in mind that the need has just begun.

Be patient as some organizations are experiencing overwhelming amount of support and donations, beyond what they can currently use or distribute! Your passion and enthusiasm is going to be very helpful as evacuees, organizations, and communities learn more about their ongoing needs – so hang tight.

To keep up to date on the help being provided for Fort McMurray evacuees, follow #ymmhelps on Twitter.

 

Sam Kriviak
Volunteer Alberta

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