Liability Waiver

On behalf of myself (if over 18), or in my capacity as parent/guardian of Volunteer, I recognize that baseball entails serious risks. Consequently, except as noted below, I (in my own capacity or in my capacity as parent/guardian of Volunteer) relinquish all rights to a claim of any kind, including the right to a claim for bodily and material damages, regardless of the cause, against Baseball Ontario, its member associations, including the Etobicoke Baseball Association and its Member Leagues (collectively, “EBA”) and their respective directors, officers, employees, coaches, managers, umpires, assignees, agents, representatives, sponsors and all other volunteers (collectively the “Volunteers”), even if such damages result from negligence or gross negligence or intentional acts.

Without restricting the generality of the foregoing, I (in my own capacity or in my capacity as parent/guardian of Volunteer) also relinquish the right to any claim against Baseball Ontario, its member associations, including EBA and all OBA and EBA Volunteers, resulting from a decision on their part, regardless of the nature of this decision.

This release of Baseball Ontario, EBA and the other persons noted above does not preclude myself (in my own capacity or in my capacity as parent/guardian of Volunteer) from making a claim under any sports accident coverage provided through Baseball Ontario.

 

Privacy Policy

Introduction

Ontario Baseball Association Inc. (“Baseball Ontario”), is a not-for-profit amateur sport organization and is the provincial sport organization for baseball in Ontario. The Etobicoke Baseball Association (“EBA”), is an unincorporated not-for-profit amateur sport organization offering, directly and through its Member Leagues, baseball opportunities for children, youth and young adults in Etobicoke. In the course of providing our respective programs and services, Baseball Ontario and/or EBA may collect and transfer to other baseball organizations Personal Information. We have prepared this policy to inform you about Baseball Ontario’s and EBA’s ongoing commitment to ensuring that the Personal Information obtained during the course of our activities remains accurate and confidential. Collecting, using, and disclosing personal information in an appropriate, responsible, and ethical manner is fundamental to Baseball Ontario’s and EBA’s daily operations.

For ease of reference, each time we refer below to Baseball Ontario we also mean, intend and deem to include a contemporaneous reference to EBA.

Baseball Ontario strives to protect and respect personal information of its customers, employees, business partners, and so on in accordance with all applicable provincial and federal laws. This policy applies to all Personal Information within Baseball Ontario’s possession and control.

What is Personal Information

We consider “Personal Information” to mean any information about an identified individual or an individual whose identity may be inferred or determined from such information, including name, date of birth, address, phone number, e-mail address, birth certificate number, etc., other than business contact information (e.g., name, title, business address, business telephone number). This Policy does not cover aggregated data from which the identity of an individual cannot be determined. Baseball Ontario retains the right to use aggregated data in any way that it determines appropriate.

Why Baseball Ontario May Collect Personal Information

Baseball Ontario collects and uses Personal Information solely for the purpose of conducting its operations and offering its programs and services to players, coaches, umpires and member associations. Baseball Ontario hereby asserts that Personal Information will only be used for the following purposes:

  • Administration of the various participant databases (coach, player, umpire, volunteer)
  • Regulation of competition within Ontario, including confirming eligibility of players, coaches and umpires for competitions
  • Submitting information to Baseball Canada to allow for participation in national events by players, coaches, umpires and other officials
  • Submitting information to Coaching Association of Canada to administer the National Coaching Certification Program and maintain the associated database
  • Talent Identification
  • Administration of scholarship and grant programs
  • Organization of clinics and conferences that provide participant development
  • Provision of information to participants, member organizations and other about Baseball Ontario programs and services
  • Management of our relationship with and communicate to participants and member organizations
  • Meeting legal and regulatory requirements
  • Management of information technology
  • Recruitment, hiring, management, evaluation, compensation or otherwise dealing with employees
  • Other reasonable purposes consistent with our operations.

The personal information we ask for will depend upon which services you may be interested in obtaining.

Baseball Ontario will not disclose Personal Information provided to it, unless such disclosure is required in order to provide a participant or member organization with our services.

How Baseball Ontario Collects and Uses Personal Information

Baseball Ontario only collects uses and discloses Personal Information for purposes that would be considered reasonable in the circumstances and only such information as is required for the purposes of providing services or information to participants, member organizations and others. We use only fair and lawful methods to collect Personal Information.

Consent to the collection occurs and is obtained when an individual signs (including electronic submission) an application or other form containing Personal Information, thereby authorizing Baseball Ontario to collect, use and disclose the individual’s Personal Information for the purposes stated on the form or in the Why Baseball Ontario May Collect Personal Information section of this policy.

Where Baseball Ontario discloses Personal Information to organizations that perform services on its behalf, we will require those service providers to use such information solely for the purposes of providing services to Baseball Ontario or the person concerned and to have appropriate safeguards in place for the protection of that Personal Information. Where Personal Information may be subject to transfer to another organization in contemplation of a merger or reorganization of all or part of Baseball Ontario, we will do this only if the parties have entered into an agreement under which the collection, use and disclosure of the information (including any Personal Information) is restricted to those purposes that relate to the transaction, including a determination of whether or not to proceed with the transaction, and is to be used by the parties to carry out and complete the transaction.

Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where Baseball Ontario is obliged to disclose information without consent. Such circumstances may include:

  1. Where required by law or by order or requirement of a court, administrative agency or governmental tribunal;
  2. Where Baseball Ontario believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
  3. Where it is necessary to establish or collect monies owing to Baseball Ontario;
  4. Where it is necessary to permit Baseball Ontario to pursue available remedies or limit any damages that we may sustain; or
  5. Where the information is public.

Where obliged or permitted to disclose information without consent, Baseball Ontario will not disclose more information than is required.

Baseball Ontario does not sell, trade or barter Personal Information.

Consent

Unless permitted by law, no Personal Information is collected, without first obtaining the consent of the individual concerned, for the collection, use and dissemination of that information. However, we may seek consent to use and disclose Personal Information after it has been collected in those cases where Baseball Ontario wishes to use the information for a purpose not identified in this Policy or not previously identified or for which the individual concerned has not previously consented.

By providing Personal Information to Baseball Ontario you agree and consent that we may collect, use and disclose your Personal Information in accordance with this Policy. In addition, where appropriate, additional authorizations or consents may be obtained from time to time.

In most cases and subject to legal and contractual restrictions, you are free to refuse or withdraw your consent at any time upon reasonable, advance notice. It should be noted that in certain circumstances, certain services can only be offered if you provide Personal Information to Baseball Ontario. Consequently, if you choose not provide us with any required Personal Information, we may not be able to offer you the services requested. We will inform you of the consequences of the withdrawal of consent.

The Accuracy and Retention of Personal Information

Baseball Ontario endeavors to ensure that any Personal Information provided and in its possession is as accurate, current and complete as possible for the purposes for which we use that information. If we become aware that Personal Information is inaccurate, incomplete or out of date, Baseball Ontario will revise the Personal Information and, if necessary, use its best efforts to inform third parties which were provided with inaccurate information so that those third parties may also correct their records.

We keep your Personal Information only as long as it is required for the reasons it was collected. The length of time we retain information varies, depending on the service and the nature of the information. This period may extend beyond the end of a person’s relationship with us but it will be only for so long as it is necessary for us to have sufficient information to respond to any issues that may arise at a later date.

When your Personal Information is no longer required for Baseball Ontario’s purposes, we have procedures to destroy, delete, erase or convert it into an anonymous form.

Protection of Personal Information

Baseball Ontario endeavours to maintain appropriate physical, procedural and technical security with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information. This also applies to our disposal or destruction of Personal Information.

Baseball Ontario further protects Personal Information by restricting access to it to those employees and volunteers that the management of Baseball Ontario has determined need to know that information in order that we may provide our products or services or information. If any employee or volunteer of Baseball Ontario misuses Personal Information, this will be considered as a serious offence for which disciplinary action may be taken, up to and including termination of employment or involvement.

If any individual or organization misuses Personal Information that has been disclosed by Baseball Ontario – for the purpose of providing services to or for Baseball Ontario – this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between Baseball Ontario and that individual or organization.

Access to Your Personal Information

Baseball Ontario permits the reasonable right of access and review of Personal Information held by us about an individual and will endeavour to provide the information in question within a reasonable time, generally no later than 30 days following the request. To guard against fraudulent requests for access, we may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or making corrections.

We will provide information from our records in a form that is easy to understand. Baseball Ontario reserves the right not to change any Personal Information but will append any alternative text the individual concerned believes to be appropriate.

Baseball Ontario reserves the right to decline to provide access to Personal Information where the information requested:

  1. Would disclose (i) Personal Information, including opinions, about another individual or about a deceased individual; or (ii) trade secrets or other business confidential information that may harm Baseball Ontario or the competitive position of a third party;
  2. Would interfere with contractual or other negotiations of Baseball Ontario or a third party;
  3. Is subject to solicitor-client or litigation privilege;
  4. Is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information;
  5. Does not exist, is not held, or cannot be found by Baseball Ontario;
  6. Could reasonably result in (i) serious harm to the treatment or recovery of the individual concerned, (ii) serious emotional harm to the individual concerned or another individual, or (iii) serious bodily harm to another individual;
  7. May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by law to perform such functions; or
  8. May be withheld or is requested to be withheld under applicable legislation.

Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure.

Baseball Ontario will not charge you for verifying or correcting your information, however, to the extent permitted by applicable law, there may be a minimal charge imposed if you need a copy of records.

Website

Our web servers track general information about visitors such as their domain name, time of visit and which pages are being accessed. This information is used internally, only in aggregate form, to better serve visitors by helping us to:

  1. Manage our site;
  2. Diagnose any technical problems; and
  3. Improve the content of our website.

In browsing the web, you will encounter a technology known as “cookies”. “Cookies” are files or pieces of information that may be stored in a computer’s hard drive when an individual visits a website. Most Internet browsers are initially set to accept cookies. If you do not wish to accept cookies, you can set yours to refuse cookies or to alert you when cookies are being sent. “Session” cookies are temporary bits of information that are erased once a visitor exits its web browser window or otherwise turn its computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information. Baseball Ontario’s website does use session cookies.

“Persistent” cookies are more permanent bits of information that are placed on the hard drive of a visitor’s computer and stays there unless it is deleted. Persistent cookies store information on a visitor’s computer for a number of purposes, such as retrieving certain information previously provided (e.g., passwords), helping to determine what areas of the website visitors find most valuable, and customizing the website based on visitor preferences. Baseball Ontario’s website does use persistent cookies.

We do not share Personal Information obtained through cookies with any third parties.

We have no control over the content of third party websites that individuals may access through hyperlinks at our website. We encourage everyone to read the privacy policy of every website they visit.

Resolving Your Privacy Concerns

In the event of questions about: (i) access to your Personal Information; (ii) our collection, use, management or disclosure of Personal Information; or (iii) this Policy; please contact Baseball Ontario’s privacy officer by sending an e-mail to maryann@playoba.ca or calling 519-740-3900 and asking to speak with Baseball Ontario’s Privacy Officer, Mary-Ann Smith.

Baseball Ontario will investigate all complaints and if a complaint is justified, we will take all reasonable steps to resolve the issue.

 

Canada’s Anti-Spam Legislation (CASL)

Introduction

Ontario Baseball Association Inc. (“Baseball Ontario”), is a not-for-profit amateur sport organization and is the provincial sport organization for baseball in Ontario. The Etobicoke Baseball Association (“EBA”), is an unincorporated not-for-profit amateur sport organization offering, directly and through its Member Leagues, baseball opportunities for children, youth and young adults in Etobicoke.

For ease of reference, each time we refer below to Baseball Ontario we also mean, intend and deem to include a contemporaneous reference to EBA.

We would like to contact you via email

To improve our communications and service we would like to correspond with you via email. In order to comply with Canadian legislation relating to commercial electronic messages, we are seeking your consent to communicate with you via electronic messages, including email, related to your relationship with Baseball Ontario including team selection, program, membership, promotional materials and other Baseball Ontario information. You may choose not to receive these communications at any time by emailing us at: unsubscribe@baseballontario.com and/or challenger@etobicokebaseball.com.

Canada’s Anti-Spam Legislation (CASL)

Canada’s Anti-Spam Legislation (CASL) establishes rules for the sending of commercial electronic messages (CEM’s). The rules that apply to CEMs came into force on July 1, 2014. Under CASL, electronic messages can include emails, SMS text messages, instant messages and messages sent through social networks.

Under this new legislation, Baseball Ontario can only send CEMs to you with your consent. If you do not give consent, please be advised that you may not receive important notifications which may include team selection, program, membership, and other Baseball Ontario information.

 

Acknowledgement

You acknowledge and confirm that you (in your own capacity or in your capacity as parent/guardian of Volunteer), have read and agreed to the foregoing waivers and other provisions.