Privacy Policy

The Canadian Association of Petroleum Producers (“CAPP”) is committed to maintaining the accuracy, confidentiality, and security of your personal information. This Privacy Policy explains our privacy practices, as well as the choices you can make about the way your personal information is collected, used, and disclosed by CAPP.

For the purposes of this Privacy Policy, “personal information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or household. To the extent permitted by applicable law, personal information does not include: (i) information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified; or (ii) business contact information used to contact an individual in their capacity as an employee or official of an organization.

Scope

It is CAPP’s policy to comply with the privacy legislation in each of the jurisdictions in which we operate. Sometimes the privacy legislation and/or an individual’s right to privacy are different from one jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions of federal and provincial privacy laws in Canada, as applicable. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. For greater certainty, this Privacy Policy does not vary or amend any contractual obligations that may otherwise be specifically set out in an agreement with CAPP.

This Privacy Policy applies to how we collect, use, and disclose the personal information of our customers, suppliers, and other third parties with whom we interact. We have developed other documents that describe our privacy policies and practices with respect to our employees.

If you are unsure if or how this Privacy Policy applies to you or have questions about this Privacy Policy (including how we may collect, use and disclose your personal information), please contact CAPP at [email protected].

What Personal Information Do We Collect?

Generally

We collect and maintain different types of personal information in respect of the individuals with whom we interact. This may include, for example, your name, gender, age, mailing address, phone number, and email address.

We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business. This information may include contract terms, financial information, and other information for the purpose of market analysis and strategic planning. We may also collect information related to our media and public relations activities.

CAPP is an industry association in Canada that represents the upstream oil and natural gas industry. As such, CAPP may also collect personal information from individuals participating in and/or impacted by these activities.

As described in further detail below, we may utilize the services of third parties and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise.

Our Websites

We may collect information related to your visit to our websites, including, for example, the IP address and domain used to access our websites, any page within our websites that is viewed by that IP address, the website you came from to access one of our websites, the amount of time that you visited a particular webpage, the type and version of your browser, and what country you are from. To the extent applicable, we may also collect your login credentials (e.g., user name, password, account number, etc.).

In connection with the foregoing, we may place a “cookie” on the hard drive of your computer to track your visit. The cookie allows our websites to identify you and to record your preferences. The cookie allows us to track your visit to our websites so that we can understand your use of our websites and tailor the websites to better meet your needs. Cookies do not collect personal information from you or any other visitor. CAPP uses both session cookies and persistent cookies. Session cookies are used only for the period of your visit to our websites. Persistent cookies remain available to your browser until deleted by your browser or their expiry date, and allow our websites, without identifying you personally, to recognize you as a returning visitor.

Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (i) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (ii) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you may not be able to access a number of webpages found on our websites.

Third Party Analytics Services and Online Tracking

We also use third party web analytics services, such as those of Google Analytics. These third party analytics providers use automated technologies such as cookies, web server logs, and web beacons to evaluate use of our websites. To learn more about Google Analytics and how to opt out, please visit google.com/intl/en/analytics/learn/privacy.html or support.google.com/analytics/answer/181881?hl=en.

In addition, we collect the personal information that you submit to our websites, such as your name, email, address, and any other contact or other information that you choose to provide, including:

• by applying for a position with CAPP through one of our websites; or

• by corresponding with a representative of CAPP via email using the hyperlinks created for that purpose.

Our websites may contain links to other websites that may be subject to less stringent privacy standards. If you click on a link to such a third-party website, a third party may also place a cookie on your hard drive. We do not assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites. CAPP is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.

Finally, we may use third-party analytics tools to help us measure traffic and usage trends for our websites. These tools may use cookies and other technologies to collect information about your use of our websites, and collect information sent by your device or our websites. Such services may rely on cookies, pixel tags, and other technologies to collect and store your personal information. We may also share such information we have collected with third party advertising partners, who may use this information (and similar information collected from other websites) for the purposes of delivering future targeted advertisements to you when you visit other (non-CAPP) sites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.”

You may opt out of targeted ads at: http://youradchoices.ca/ and/or by visiting the DoubleClick opt-out page at: https://adssettings.google.com/

Monitoring Our Property

In the course of conducting our business, we may monitor our property (or property that is in our custody or control). For example, some CAPP locations are equipped with surveillance cameras. These cameras are generally in high risk areas or facility sites. Where in use, surveillance cameras are intended to help protect our employees and third party guests, and to help protect against theft, vandalism and damage to and loss of our property (or property that is in our custody or control). Generally, recorded images are routinely destroyed and not shared with third parties (unless there is suspicion of an unlawful act, in which case they may be used in an investigation and/or turned over to the police or other appropriate government agency or authority).

This is not meant to suggest that all individuals visiting our equipment, facilities or property will in fact be monitored or their actions subject to surveillance. Rather, it is meant to bring to your attention that such monitoring may occur and may result in the collection of personal information from you (including your image, likeness or voice).

Why Do We Collect Personal Information?

CAPP collects personal information to enable us to manage, maintain, and develop our operations and conduct our business, including, for example:

• to be able to provide our products and services;

• to be able to review the products and services that we provide to you so that we may understand your requirements for our products and services and work to improve our products and services;

• to send you promotional and other marketing materials that we think might be of interest to you from all CAPP divisions, affiliate websites, and other industry groups supported by CAPP;

• to conduct surveys;

• to respond to your inquiries, and comply with your requests;

• to enable us to undertake our environmental as well as occupational health and safety activities, including incident planning, response and investigation, and managing claims;

• to verify your identity and authority;

• to analyze and monitor our websites’ performance and other related purposes (e.g. determine the popularity of certain online content, better understand your online activity, and assists us in improving our online presence);

• to protect CAPP against error, fraud, theft, and damage to our property;

• to enable us to comply with applicable laws or regulations; and

• any other reasonable purpose to which you consent.

How Do We Use and Disclose Your Personal Information?

We may use and disclose your personal information:

• for the purposes described in this Privacy Policy;

• as permitted or required by applicable laws or regulatory requirements, including without your knowledge or consent;

• for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information;

• to comply with valid legal processes such as search warrants, subpoenas, or court orders;

• as part of CAPP’s reporting activities to its members;

• to protect the rights and property of CAPP or any third party; and/or

• during emergency situations or where necessary to protect the safety of a person or group of persons.

We may share your personal information with our employees, contractors, consultants, and other third parties who require such information for the purpose of providing certain services to us.

For example, we may share your personal information from time to time with our third-party marketing, payment processing, and information technology service providers so that we may operate our business.

In addition, your personal information may be disclosed or transferred to another party during the course of the grant of a security interest in CAPP’s assets, or the sale of, or a disposition of, all or a part of CAPP through, for example, an asset sale, or some other form of business combination, merger or joint venture, bankruptcy, or restructuring, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

Location of Your Personal Information

We use third service providers who may have operations in Canada or the United States. As a result, your personal information may potentially be: (i) collected, used, processed, transferred, stored, and/or disclosed in any province, territory, or state in any of the foregoing countries; and (ii) accessible to the law enforcement and national security authorities of those jurisdictions.

Your Consent Is Important to Us

It is important to us that we collect, use, or disclose your personal information where we have your consent to do so. Depending on the circumstances (including the sensitivity of the personal information), your consent may be implied, deemed (using an opt-out mechanism), or express. Express consent can be given orally, electronically, or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction.

Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

Exceptions to Consent

We may collect, use, or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements. For example, we may (to the extent permitted under applicable law) collect or use your personal information without your knowledge or consent under the following circumstances:

Business Activity

We may collect or use your personal information without your knowledge or consent if: (i) we engage in one of the following activities; (ii) a reasonable person would expect such a collection or use for that activity; and (iii) the personal information is not collected or used for the purpose of influencing your behaviour or decisions:

(a) an activity that is necessary to provide or deliver a product or service that you have requested from CAPP;

(b) an activity that is carried out in the exercise of due diligence to prevent or reduce CAPP’s commercial risk;

(c) an activity that is necessary for our information, system, or network security;

(d) an activity in the course of which obtaining your consent would be impracticable because we do not have a direct relationship with you; and

(e) any other activity prescribed under applicable laws.

Legitimate Interest

We may collect or use your personal information without your knowledge or consent if the collection or use is made for the purpose of an activity in which we have a legitimate interest that outweighs any potential adverse effect on you resulting from that collection or use and:

(a) a reasonable person would expect the collection or use for such an activity; and

(b) your personal information is not collected or used for the purpose of influencing your behaviour or decisions.

Transfer to Service Provider

As above, we may transfer your personal information to any of our service providers.

subsubheader: De-identification of Personal Information

We may use your personal information without your knowledge or consent to de-identify or anonymize the information.

Research and Development

We may use your personal information without your knowledge or consent in connection with our internal research and development purposes if the information is de-identified before it is used.

Prospective and Actual Business Transaction

Providing that various legal requirements are met: (i) we may use and disclose your personal information without your knowledge or consent to determine whether to proceed with a particular business transaction, and if the determination is made to proceed with the transaction, to complete it; and (ii) if the business transaction is completed, we (or the third party purchaser) may use and disclose your personal information if the information is necessary for carrying on the business or activity that was the object of the transaction.

Additional Activities

We may disclose your personal information to another organization without your knowledge or consent if the disclosure is reasonable for the purposes of detecting or suppressing fraud or of preventing fraud that is likely to be committed and it is reasonable to expect that the disclosure with your knowledge or consent would compromise the ability to prevent, detect, or suppress the fraud.

In addition, we may disclose your personal information without your knowledge or consent for the purpose of collecting a debt owed by you to us.

Please note that this list is intended to provide you with some example of the circumstances in which we may collect, use, or disclose your personal information – there may be other circumstances in which we may do so to the extent permitted by applicable laws.

Choice/Opt-Out

You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer. In certain circumstances, the withdrawal of consent may render us unable to continue to provide products or services where the collection, use, or disclosure of your personal information is necessary to provide the product or service.

We assume that, unless you advise us otherwise, you have consented to the collection, use, and disclosure of your personal information as explained in this Privacy Policy.

How Is Your Personal Information Protected?

CAPP endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction. Unfortunately, we cannot guarantee complete security: for example, (i) unauthorized access, use, or disclosure, (ii) hardware or software failure, and (iii) other events may compromise the security of your personal information at any time.

The security of your personal information is important to us. Please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.

Updating Your Personal Information

It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.

In some circumstances, we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.

Access to and Disposal of Your Personal Information

You can ask us whether we have any personal information about you. If we have any of your personal information, you can ask us how we use that information and whether we have disclosed the information. You can also ask to see this personal information, or have such information disposed. To do so, please contact our Privacy Officer. Any such request must be in writing.

When making any of the requests described above, we may request specific information from you to enable us to: (i) confirm your identity and your right to make the request; as well as (ii) search for and provide you with the information that you seek. To the extent permitted by law, we may charge you a fee to attend to your request; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our Privacy Officer.

Your rights, as described under this section of our Privacy Policy, are not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased, or made anonymous in accordance with our record retention obligations and practices. Similarly, there are instances where applicable law or regulatory requirements allow or require us to refuse to dispose of your personal information. If we cannot satisfy your request to access or dispose of your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

Inquiries or Concerns?

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact our Privacy Officer in writing or by email. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the federal Office of the Privacy Commissioner of Canada or the Privacy Commissioner in your jurisdiction.

Privacy Officer

We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for our Privacy Officer is as follows:

Canadian Association of Petroleum Producers
2100, 350 7th Ave SW
Calgary, Alberta T2P 3N9
Canada

Attention: Privacy Officer
E-mail: [email protected]

Revisions to this Privacy Policy

CAPP from time to time, may make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our website, and we encourage you to refer back to it on a regular basis.

This Privacy Policy was last updated on January 1, 2024.

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples; therefore where the word “including” is used, it shall mean “including without limitation”.

This Privacy Policy does not create or confer upon any individual any rights, or impose upon CAPP any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada’s federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and any applicable federal, state, and provincial privacy laws, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.