Privacy Policy

Introduction

Purpose

Birchcliff Energy Ltd. ("Birchcliff") is committed to safeguarding the Personal Information that it has or controls concerning any individual. This Privacy Policy has been developed in order to balance Birchcliff’s need to utilize Personal Information about its employees and other individuals connected to its business with the individual’s right to privacy with respect to their Personal Information. This Privacy Policy is intended to be consistent with the obligations and rights provided under Alberta’s Personal Information Protection Act ("PIPA"), as amended from time to time.

This Privacy Policy establishes procedures and guidelines to ensure that all of the Personal Information Birchcliff collects, uses or discloses in the course of doing business is collected, secured, used, disclosed and retained reasonably and in accordance with applicable laws.

Application

This Privacy Policy applies to all personnel of Birchcliff (employees, contractors, consultants and others doing work on behalf of Birchcliff, and referred to herein as "Birchcliff Personnel" when they are engaged in company business. Contractors and consultants doing business with Birchcliff are expected to develop and enforce policies and practices that are consistent with this Privacy Policy and its associated requirements to apply to their staff providing services for or on behalf of Birchcliff.

This Privacy Policy also applies to all individuals whose Personal Information Birchcliff collects, uses or discloses in the course of doing business.

Personal Information

"Personal Information" means information about an identifiable individual, except Business Contact Information (as such term is defined below), and includes information about prospective, present or former employees and external parties such as landowners. Personal Information includes information in any form, such as:

• age, name, ID numbers, income, ethnicity, religion and social status (marital, family, economic);
• employee evaluations and disciplinary actions, credit records, loan records, medical records and intentions (re: acquiring goods/services, changing jobs);
• transactional history, which may include information about depositories and beneficiaries; and
• information about land or mineral rights in the case of a surface or mineral lease owner.

  "Business Contact Information" means an individual’s name, position name or title, business telephone number, business address, business e-mail address, business fax number and other similar business information.

  Collection, Use and Disclosure of Personal Information

  Where possible, Birchcliff will collect Personal Information directly from the individual. If necessary, Birchcliff may collect Personal Information from another person or entity in reasonable circumstances and when permitted or required by law. Before Birchcliff collects Personal Information, Birchcliff will identify the purpose for which the Personal Information is being collected.

  Purpose for Collection, Use and Disclosure

  Birchcliff may collect, use and disclose Personal Information for various purposes, including the following:

• to effectively manage, develop and improve its business and operations;
• to establish and maintain an effective relationship with those persons and entities whom Birchcliff interacts, including marketers, suppliers, contractors and potential parties with whom Birchcliff conducts or may conduct business;
• for payroll and benefits/perquisites administration;
• with respect to employees only, to maintain and build our corporate culture, including by posting information on Birchcliff’s intranet and celebrating personal milestones;
• to determine eligibility for employment (or to provide services to Birchcliff);
• to provide notice of, or an effective response to, environmental incidents;
• to communicate effectively with interested individuals, including shareholders; or
• to meet all legal and regulatory requirements.

Consent

Birchcliff will obtain express or implied consent of individuals, except where otherwise permitted by law, to collect, use and disclose Personal Information for the reasonable business purposes for which it was collected.

Individuals are deemed to have consented to the collection, use and disclosure of Personal Information by Birchcliff in accordance with this Privacy Policy if they voluntarily give Personal Information for a particular purpose and it is reasonable that a person would voluntarily provide that information in such circumstances.

Subject to applicable legal and contractual requirements and upon reasonable notice, any individual may withdraw his or her consent to further collection, use and disclosure of Personal Information by directly contacting Birchcliff’s Privacy Officer, identified below.

Personal Information will be retained only as long as necessary to satisfy the purpose(s) for which it was collected and will be disposed of in a manner that is appropriate to the sensitivity of the Personal Information.

Security of Personal Information

When Birchcliff collects, uses or discloses Personal Information, it will make reasonable efforts to ensure that all information is accurate and complete. It is the responsibility of all Birchcliff Personnel to ensure that his or her Personal Information is kept current.

Birchcliff recognizes its obligation to safeguard Personal Information in its possession. Birchcliff has therefore made reasonable arrangements to secure such information against unauthorized access, collection, use, disclosure, copying, modification or disposal. These arrangements include:

• limiting the access to and uses of Personal Information to those Birchcliff Personnel that reasonably require such Personal Information;
• storing physical files and documents containing Personal Information in locked or secure offices, rooms and/or filing cabinets;
• maintaining technological safeguards, such as passwords or encryption for Personal Information stored electronically; and
• informing all Birchcliff Personnel about the importance of privacy.

From time to time, Birchcliff may use third party vendors to process Personal Information on its behalf, including for information storage, payment processing, human resource administration and similar purposes.  In all cases where third parties may be able to access Personal Information, Birchcliff will continue to protect it through confidentiality arrangements with such third parties and will not allow any Personal Information to be removed from Birchcliff’s control.

Requests for Access to Personal Information

Individuals have the right to access their own Personal Information and to challenge its accuracy.  Birchcliff has designated a Privacy Officer to be accountable for Birchcliff’s compliance with PIPA and this Privacy Policy. Individuals may request access to Personal Information or report any privacy concerns, breaches, violations or compliance issues to the Birchcliff Privacy Officer at the following address, telephone number and/or email address: 

If an individual demonstrates the inaccuracy or incompleteness of any Personal Information, Birchcliff will promptly make amendments to the information, as required.

Changes to Policy

Birchcliff may amend the terms of this Privacy Policy at any time by posting a new Policy on its webpage at www.birchcliffenergy.com.