The Donor Confidentiality Agreement is a crucial document for Canadian charitable and non-profit organizations that collect, store, and manage donor information. This agreement becomes necessary when organizations need to protect sensitive donor data while allowing access to employees, volunteers, board members, or third-party service providers. The document ensures compliance with Canadian privacy legislation, particularly PIPEDA, provincial privacy laws, and charitable organization regulations. It typically covers donor personal information, donation history, financial details, and communication preferences. The agreement is designed to maintain donor trust, protect privacy rights, and establish clear protocols for handling confidential information while meeting Canadian legal requirements for charitable organizations.
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1. Parties: Identifies the charitable organization and the individual or entity who will have access to donor information
2. Background: Explains the context of the agreement, the organization's charitable status, and the need for confidentiality of donor information
3. Definitions: Defines key terms including 'Confidential Information', 'Donor Information', 'Personal Information', and 'Permitted Purpose'
4. Scope of Confidential Information: Specifies what constitutes confidential donor information covered by the agreement
5. Confidentiality Obligations: Details the specific obligations for protecting and handling confidential donor information
6. Permitted Uses and Disclosures: Outlines authorized uses of donor information and circumstances under which disclosure is permitted
7. Privacy Law Compliance: Addresses compliance with PIPEDA and other applicable privacy laws
8. Security Measures: Specifies required security measures for protecting donor information
9. Breach Notification: Procedures for reporting and handling potential confidentiality breaches
10. Return or Destruction of Information: Requirements for returning or destroying confidential information upon agreement termination
11. Term and Termination: Duration of the agreement and conditions for termination
12. General Provisions: Standard clauses including governing law, entire agreement, and amendments
1. Digital Data Protection: Additional provisions for electronic storage and transmission of donor information, used when digital records are maintained
2. International Transfers: Provisions for cross-border data transfers, included when donor information may be accessed or stored internationally
3. Donor Communication Guidelines: Specific rules for communicating with donors, included when the role involves donor contact
4. Audit Rights: Rights to audit compliance with the agreement, included for higher-risk relationships or larger organizations
5. Insurance Requirements: Specific insurance coverage requirements, included for external contractors or service providers
6. Donor Recognition Programs: Special provisions for handling donor recognition and naming rights information, included when applicable
1. Schedule A - Security Protocols: Detailed security procedures and requirements for protecting donor information
2. Schedule B - Breach Response Protocol: Step-by-step procedures for handling and reporting confidentiality breaches
3. Schedule C - Approved Personnel: List of individuals authorized to access donor information
4. Schedule D - Data Handling Procedures: Specific procedures for handling, storing, and disposing of donor information
5. Appendix 1 - Confidentiality Acknowledgment Form: Form to be signed by individual employees or volunteers accessing donor information
Relevant legal definitions
Clauses
Relevant Industries
Charitable & Non-Profit
Education
Healthcare
Social Services
Arts & Culture
Religious Organizations
Environmental Conservation
International Development
Community Services
Research & Development
Relevant Teams
Development
Fundraising
Finance
Administration
Legal & Compliance
Information Technology
Donor Relations
Communications
Executive Leadership
Board of Directors
Volunteer Services
Relevant Roles
Development Director
Fundraising Manager
Database Administrator
Grant Writer
Financial Controller
Executive Director
Board Member
Volunteer Coordinator
Donor Relations Manager
Privacy Officer
Communications Director
Campaign Manager
Administrative Assistant
IT Security Manager
External Consultant
Charitable Giving Advisor
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