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Irving Energy Privacy Policy

Introduction

HIGHLANDS FUEL DELIVERY, LLC (“IRVING ENERGY”) is committed to fair information practices in relation to its customers and individuals with whom it deals in the course of its operations.

This Privacy Policy outlines the principles and guidelines by which IRVING ENERGY operates to protect the personal information of customers and other individuals that we collect, use or disclose in the conduct of our operations.

The objective of IRVING ENERGY is to promote responsible and transparent practices in the management of personal information, in accordance with the provisions of the Personal Information Protection and Electronic Documents Act and applicable provincial privacy legislation.

This Privacy Policy incorporates the ten principles of the Canadian Standards Association Model Code on the Protection of Personal Information (CAN/CSA-Q830-96) which was published in March 1996 as a National Standard of Canada. It also incorporates the provisions of Part 1 of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5.

Scope of This Policy

This Policy applies to IRVING ENERGY.

For the purposes of this Privacy Policy, “personal information” refers to personal information about a customer or potential customer of IRVING ENERGY or other individuals with whom IRVING ENERGY deals in the conduct of its operations. Personal information of IRVING ENERGY customers includes a customer’s service and billing information, billing and payment records, credit history, equipment purchases and payment records, credit applications and credit application and credit transactions records and correspondence or recordings of inquiries, service matters or complaints. The definition of a customer is set out in the Definitions section below.

This Privacy Policy does not apply to personal information about employees of IRVING ENERGY or information about our business or corporate customers.

ARTICLE 1 – DEFINITIONS

1.1 Collection – the gathering, acquiring, recording or obtaining of personal information from any source, including third parties, by any means.

1.2 Consent – voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of IRVING ENERGY. Implied consent is consent that can reasonably be inferred from an individual’s action or inaction.

1.3 Customer – an individual who obtains or uses, or applies to obtain or use, IRVING ENERGY products or services, where such individual is a commercial or residential customer, or a potential customer.

1.4 Disclosure – making personal information available to a separately incorporated business unit of IRVING ENERGY or a third party who is not a service provider to IRVING ENERGY.

1.5 Personal Information – information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.

1.6 Third Party – an individual or organization outside IRVING ENERGY other than a service provider to IRVING ENERGY.

1.7 Use – the treatment, handling and management of personal information by and within IRVING ENERGY business units.

ARTICLE 2 – SUMMARY OF PRINCIPLES

2.1 Principle 1 – Accountability
IRVING ENERGY is responsible for all personal information under its control, including personal information transferred to third parties for processing. IRVING ENERGY has designated an individual who is accountable for the organization’s compliance with this Policy.

2.2 Principle 2 – Identifying the purposes for personal information collection
IRVING ENERGY will identify the purposes for which personal information is collected at or before the time the information is collected.

2.3 Principle 3 – Obtaining consent
IRVING ENERGY will obtain the consent of individuals before or when it collects, uses or discloses personal information, except where prohibited or authorized by law. IRVING ENERGY will make reasonable efforts when obtaining consent to ensure that individuals understand how personal information will be used and disclosed by IRVING ENERGY.

2.4 Principle 4 – Limiting the collection of personal information
IRVING ENERGY shall limit the collection of personal information to that which is necessary for the purposes identified by IRVING ENERGY. IRVING ENERGY will collect personal information by fair and lawful means.

2.5 Principle 5 – Limiting use, disclosure and retention of personal information
IRVING ENERGY will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual, or as required or permitted by law. Personal information will be retained only as long as necessary for the fulfillment of those purposes.

2.6 Principle 6 – Keeping personal information accurate
IRVING ENERGY will keep personal information as accurate, complete and up-to-date as necessary for the purposes for which it is to be used.

2.7 Principle 7 – Safeguarding personal information
IRVING ENERGY will protect personal information with security safeguards appropriate to the sensitivity of the information.

2.8 Principle 8 – Being open about policies and procedures
IRVING ENERGY will make readily available to individuals and employees specific information about its policies and procedures relating to the management of personal information.

2.9 Principle 9 – Providing access to personal information
On written request, and subject to exemptions stipulated by law, IRVING ENERGY shall inform a customer of the existence, use and disclosure of their personal information and shall provide access to that information. An individual will be entitled to challenge the accuracy and completeness of the information and have it amended as appropriate.

2.10 Principle 10 – Challenging compliance
A customer of IRVING ENERGY will be entitled to address a challenge concerning compliance with the above principles to the designated individual accountable for IRVING ENERGY’s compliance with the Policy.

ARTICLE 3 – PRIVACY POLICY IN DETAIL

3.1 Principle 1 – Accountability
IRVING ENERGY is responsible for all personal information under its control, including personal information disclosed to third parties for processing.

3.1.1 The Privacy Officer is responsible for compliance with this Policy, even though other individuals within IRVING ENERGY may be responsible for the day to day collection and processing of personal information, and may be delegated to act on behalf of the Privacy Officer.

3.1.2 The identity of the individuals designated by IRVING ENERGY to oversee compliance with this Policy will be made known internally and will be made available externally on request.

3.1.3 IRVING ENERGY will use contractual or other means to protect personal information that has been transferred to service providers for processing, for example, for merchant services.

3.1.4 IRVING ENERGY will implement policies and practices to give effect to this Policy, including:

3.1.4.1 implementing procedures to protect personal information, and to oversee compliance with this Privacy Policy;

3.1.4.2 establishing procedures to receive and respond to complaints and inquiries;

3.1.4.3 training staff to understand and adhere to our policies and practices; and

3.1.4.4 developing public information to explain IRVING ENERGY’s policies and practices

3.2 Principle 2 – Identifying the purposes for personal information collection
IRVING ENERGY will identify the purposes for which personal information is collected, used or disclosed at or before the time the information is collected.

3.2.1 IRVING ENERGY collects, uses and discloses personal information for the following purposes:

3.2.1.1 establishing and administering customer accounts where the relationship is ongoing in nature, its fuel and other products and services, as well as to provide such products and services;

3.2.1.2 where credit is extended through Irving Energy to obtain credit reports or credit histories for purposes of assessing applications for credit or account payment delinquencies;

3.2.1.3 to collect on outstanding accounts;

3.2.1.4 to understand customer needs and preferences and develop and enhance our products and services;

3.2.1.5 if customers do not opt out, to market our products and services;

3.2.1.6 to comply with legal requirements; and

3.2.1.7 to respond to inquiries, including inquiries by telephone to our Customer Service Centre or through the IRVING ENERGY web-site.

3.2.2 IRVING ENERGY will not disclose sensitive personal information (such as any customer’s financial information) to third parties, or share sensitive personal information among its business units, for marketing purposes. Customers may opt-out of the use or disclosure of their personal information by or to IRVING ENERGY business units or third parties for marketing purposes (see section 3.3.7 below).

3.2.3 At the time that the information is collected, an individual will be advised of the purposes for which the information is collected. An individual may, at any time, request or be given an explanation of how their personal information is being used.

3.2.4 If IRVING ENERGY proposes to use or disclose personal information for a purpose not previously identified, the new purpose will be identified prior to the new use. Unless the new purpose is required or permitted by law, the consent of the individual is required before the information can be used or disclosed for that purpose.

3.3 Principle 3 – Obtaining consent
IRVING ENERGY will obtain the consent of individuals before or when it collects, uses or discloses personal information, except when inappropriate. IRVING ENERGY will make reasonable efforts when obtaining consent to ensure that individuals understand how IRVING ENERGY will use and disclose the personal information it collects.

3.3.1 All of the circumstances in which IRVING ENERGY may collect, use or disclose personal information without the knowledge or consent of an individual are as specified and permitted by legislation. For example, IRVING ENERGY may collect, use or disclose personal information about an individual if it is clearly in the interests of an individual and consent cannot be obtained in a timely way, such as when an individual is seriously ill or incapacitated or in cases of emergencies threatening life, health or security.

3.3.2 IRVING ENERGY will use reasonable efforts to ensure that an individual is advised of the identified purposes for which personal information will be used or disclosed. Purposes will be stated in a manner that can be reasonably understood by the individual

3.3.3 Generally, IRVING ENERGY will seek consent to use and disclose personal information at the same time it collects the information. However, IRVING ENERGY may seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose.

3.3.4 IRVING ENERGY will require individuals to consent to the collection, use or disclosure of personal information as a condition of the supply of information or services to the individual only if such collection, use or disclosure is necessary to provide the information or services.

3.3.5 In determining the appropriate form of consent, IRVING ENERGY will take into account the sensitivity of the personal information and the reasonable expectations of its customers regarding the purposes for use or disclosure of the information by IRVING ENERGY.

3.3.6 A customer may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Customers may contact IRVING ENERGY for more information regarding the implications of withdrawing consent.

3.3.7 Customers or individuals may opt-out or refuse to consent to the use or disclosure of their personal information for marketing purposes by contacting the Customer Contact Centre at 1-888-310-1924.

3.4 Principle 4 – Limiting collection of personal information
IRVING ENERGY shall limit the collection of personal information to that which is necessary for the purposes identified by IRVING ENERGY. IRVING ENERGY will collect personal information by fair and lawful means

3.5 Principle 5 – Limiting use, disclosure and retention of personal information
IRVING ENERGY will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual, or as required or permitted by law. Personal information will be retained only as long as necessary for the fulfillment of those purposes.

3.5.1 IRVING ENERGY has a records retention policy that specifies the length of time that records are maintained. All personal information is accessible only by IRVING ENERGY’s personnel, or service providers, who need access to that information for the performance of their duties or services.

3.5.2 IRVING ENERGY destroys, erases or makes anonymous, personal information that is no longer required to fulfill the identified purposes.

3.6 Principle 6 – Keeping personal information accurate
IRVING ENERGY will keep personal information as accurate, complete and up to date as necessary for the purposes for which it is to be used.

3.6.1 Information will be sufficiently accurate, complete and up to date so as to minimize the possibility that inappropriate information may be used to make a decision about an individual.

3.6.2 IRVING ENERGY will update personal information about customers on an on-going basis, when necessary to fulfill the purposes identified in this Policy, or upon notification by the individual.

3.7 Principle 7 – Safeguarding personal information
IRVING ENERGY will protect personal information with security safeguards appropriate to the sensitivity of the information.

3.7.1 IRVING ENERGY will protect personal information against loss or theft as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held, using appropriate security safeguards.

3.7.2 IRVING ENERGY shall protect personal information transferred to third parties providing services to IRVING ENERGY through contractual measures or other arrangements stipulating the confidentiality of the information, restricting the purposes for which the information is to be used and prohibiting its disclosure to third parties except in accordance with this Privacy Policy.

3.7.3 IRVING ENERGY will make its employees aware of the importance of maintaining the confidentiality of personal information.

3.7.4. IRVING ENERGY will dispose of personal information in a manner that prevents unauthorized parties from gaining access to the information.

3.8 Principle 8 – Being open about policies and procedures
IRVING ENERGY will make readily available to individuals specific information about IRVING ENERGY policies and procedures relating to the management of personal information.

3.8.1 IRVING ENERGY will be open about its policies and procedures with respect to the management of personal information. Individuals will be able to acquire information about our policies and procedures at minimal cost and without unreasonable effort. This information will be made available in a form that is generally understandable.

3.8.2 The information made available by IRVING ENERGY will include:

3.8.2.1 the name, title and address of the individual who is accountable for IRVING ENERGY’s policies and procedures and to whom complaints or inquiries can be forwarded;

3.8.2.2 the means of gaining access to personal information held by IRVING ENERGY;

3.8.2.3 a description of the type of personal information held by IRVING ENERGY, including a general account of its use through availability of this Privacy Policy; and

3.8.2.4 a copy of any documents that describe IRVING ENERGY’s privacy policies, standards and/or codes.

3.9 Principle 9 – Providing access to personal information
On written request, and subject to the exemptions stipulated by law, IRVING ENERGY will inform individuals of the existence, use and disclosure of their personal information and provide access to that information. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

3.9.1 On written request, IRVING ENERGY will inform an individual whether or not IRVING ENERGY holds personal information about them, and will indicate the source of this information, if available. If IRVING ENERGY possesses such information, it will allow the individual or employee access to this information. In addition, IRVING ENERGY will provide an account of the use that has been made or is being made of this information and an account of the third parties, if any, to which it has been disclosed.

3.9.2 IRVING ENERGY may require an individual or employee to provide sufficient information to permit IRVING ENERGY to provide an account of the existence, use and disclosure of personal information. The information provided will only be used for this purpose.

3.9.3 In certain situations, IRVING ENERGY may not be able to provide access to all of the personal information that it holds about an individual. For example, access to information may not be provided if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of another individual. In addition, IRVING ENERGY may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law. If access to personal information cannot be provided, IRVING ENERGY will provide the reasons for denying access unless prohibited by law from doing so.

3.9.4 IRVING ENERGY will respond to an individual’s request within a reasonable time and at minimal or no cost (provided IRVING ENERGY’s out of pocket expenses are covered). The requested information will be provided or made available in a form that is generally understandable.

3.9.5 When an individual or employee successfully challenges the accuracy or completeness of personal information, IRVING ENERGY will correct, delete or add information as required. When appropriate, the amended information will be transmitted to any third parties having access to the information in question.

3.9.6 When a challenge to the accuracy or completeness of personal information is not resolved to the satisfaction of the individual, the unresolved difference will be noted in the individual’s file. When appropriate, the existence of the unresolved difference will be transmitted to any third parties having access to the information in question.

3.10 Principle 10 – Challenging compliance
A customer will be able to address a challenge concerning compliance by IRVING ENERGY with this Policy to the designated individual accountable for IRVING ENERGY’s compliance with this Privacy Policy.

3.10.1 IRVING ENERGY will implement procedures to receive and respond to complaints or inquiries about its policies and procedures relating to the handling of personal information. The complaint process will be easily accessible and simple to use. IRVING ENERGY may ask a customer for a written form of complaint to ensure accuracy and obtain reasonable specifics.

3.10.2 IRVING ENERGY will investigate all complaints. If a complaint is found to be justified, IRVING ENERGY will take appropriate measures, including amending its policies and procedures if necessary.

3.10.3 IRVING ENERGY will inform individuals and employees who lodge complaints, or inquire about complaint procedures, about the existence of these procedures.

3.10.4 For more information on IRVING ENERGY’s privacy practices, or to make a complaint contact: Privacy Officer, c/o Legal Affairs, P.O. Box 1421, Saint John, New Brunswick, E2L 4K1.

3.10.5 Individuals also have recourse to the Office of the Privacy Commissioner of Canada, at the address noted below, if they consider that IRVING ENERGY has not responded satisfactorily to their complaint or inquiry.

Privacy Commissioner of Canada
112 Kent Street Ottawa , Ontario
K1A 1H3
Phone: (613) 995-8210
Toll-free: 1-800-282-1376
Fax: (613) 947-6850
(http://www.privcom.gc.ca/index_e.asp)

For a copy of the Personal Information Protection and Electronic Documents Act, please access the web site of the Privacy Commissioner of Canada at www.privcom.gc.ca.

The CSA Model Code is Schedule 1 to the Personal Information Protection and Electronic Documents Act. For copies of the CSA Model Code for the Protection of Personal Information, please contact the Canadian Standards Association, 178 Rexdale Blvd. , Etobicoke , Ontario M9W 1R3

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