BIRCHCLIFF WEBSITE PRIVACY POLICY (THE “PRIVACY POLICY”)

Personal Information

For the purposes of this Privacy Policy, “Personal Information” is information about an identifiable individual or information that permits an individual to be identified, but does not generally include business contact information.

Purpose and Acceptance of Privacy Policy

Birchcliff Energy Ltd. (“Birchcliff”) is committed to safeguarding the privacy and security of the Personal Information of individuals with whom it interacts in accordance with applicable privacy legislation. To this end, Birchcliff will only collect, use and disclose your Personal Information with your consent (which can be express or implied) or as is required or permitted by law.

Please note that by providing Birchcliff with your Personal Information, you consent to Birchcliff’s collection, use and disclosure of such information in accordance with this Privacy Policy, so please be sure to familiarize yourself with and understand all of its terms. If you do not agree with the terms and conditions of this Privacy Policy, you should not submit any of your Personal Information to Birchcliff.

Subject to applicable legal and contractual requirements and upon reasonable notice, you may withdraw or amend your consent to further collection, use and disclosure of your Personal Information by directly contacting Birchcliff’s Privacy Officer, identified below. Please note that if you withdraw your consent, it can limit the manner in which you can interact with Birchcliff. Furthermore, your ability to withdraw or amend your consent is not absolute: Birchcliff may continue to collect, use and disclose your Personal Information in those circumstances required or permitted by law irrespective of such amendment or withdrawal; however Personal Information will only be retained by Birchcliff for as long as necessary to satisfy the purpose(s) for which it was collected. It will also only be disposed of by Birchcliff in a manner that is appropriate to the sensitivity of such Personal Information.

Amendment

Birchcliff may modify or replace this Privacy Policy at any time without notice. Accordingly, you acknowledge and agree that it is your responsibility to review this Privacy Policy each time you disclose Personal Information to Birchcliff as, per the above, your disclosure of Personal Information constitutes acceptance of this Privacy Policy in its current form, irrespective of whether you have read its latest terms and conditions.

Collection, Use and Disclosure of Personal Information

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

• to respond to general and investor (prospective and actual) inquiries;
• for Birchcliff news and publication distribution via subscription;
• 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 suppliers, contractors and potential parties with whom Birchcliff conducts or may conduct business;
• to determine eligibility for employment or to otherwise provide services to Birchcliff;
• to communicate effectively with and provide information to interested individuals, including shareholders;
• to protect Birchcliff from error, breach of contract, negligence, fraud or illegal activity;
• to comply with applicable legal and regulatory requirements;
• for the purposes of investigating a breach of an agreement or contravention of law or detecting or preventing fraud or as otherwise required or permitted under applicable law; and
• to engage in a business transaction, including a purchase, sale, lease, merger, amalgamation or financing involving Birchcliff or part of its business.

If an additional proposed use of your Personal Information is identified, Birchcliff will identify that purpose and obtain your consent, as and when required by applicable law.

Information Collected Automatically

Birchcliff collects, processes, stores and analyzes certain data to make your experience on its website better. Birchcliff gathers this information to make its website more efficient and relevant for you, find out what content is popular, improve website functionality and fix experiences that may be broken. 

Specifically, Birchcliff uses the following:

• Google Analytics: This program works with Birchcliff’s other tracking technologies described below to paint a picture of how you and others use Birchcliff’s website.
• Cookies: These small files are placed in the temporary folder of your browser and help Birchcliff to track information about the use of its website during your session.
• Pixel Tags: These invisible images are placed on some of the webpages to enhance Birchcliff’s analytics where its regular tracking may not be enough.
• Session Data Logs: Birchcliff’s servers automatically collect some anonymous information about your session and create log files.
• Location Tracking: Birchcliff uses the IP address assigned to your computer, tablet, smartphone or other mobile device to track your location so it can identify where (e.g. city, country) the visitors to Birchcliff’s website are connecting from.

These technologies allow Birchcliff to collect information such as your:

• browser;
• device;
• return visits;
• referring and exit pages;
• pages visited;
• time on page;
• preferences;
• location;
• login data;
• clicks;
• IP address;
• form fields; and
• operating system details.

Your personal information is protected using defense-in-depth security, utilizing a combination of security technologies and practices such as data encryption, firewalls and security monitoring and audits.

You are consenting to Birchcliff’s use of cookies and tracking technologies by visiting its website with a browser that is set to accept cookies. If you’d like to disable cookies, visit the Help menu within your browser. Each browser is different, but the menu will walk you through how to ensure your preferences are updated. Birchcliff’s website works best with cookies. Your experience may not be as seamless without them.

If you’d like to opt out of Google Analytics tracking, use Google Chrome to browse the website and download their Google Analytics Opt-out extension.

Security of Personal Information

Birchcliff recognizes its obligation to safeguard Personal Information in its possession and as such has implemented reasonable administrative, technical and physical measures to prevent unauthorized access, collection, use, disclosure, copying, modification or disposal. These measures include:

• limiting the access to and uses of Personal Information to those employees that reasonably require such Personal Information;
• storing physical files and documents containing Personal Information in secured offices, rooms and/or filing cabinets;
• maintaining technological safeguards, such as passwords; and
• ensuring all Birchcliff employees understand and respect the importance of privacy and Birchcliff’s obligations to safeguard the same.

From time to time, Birchcliff uses third-party service providers to process Personal Information on its behalf. Where Birchcliff uses third-party service providers, Birchcliff has ensured that appropriate arrangements are in place with such providers to help ensure that Personal Information is protected and that such providers comply with applicable privacy laws. In addition, some of Birchcliff’s third-party service providers may be located in the United States or another foreign country. If a third-party service provider is located in the United States or another foreign country, your Personal Information may be processed and stored in the United States or such other foreign country and the governments, courts, law enforcement or regulatory agencies of that country may be able to obtain disclosure of your Personal Information through the laws of the foreign country.

Requests for Access to and Correction of Personal Information

Except as otherwise provided under applicable law, you have a general right to access, update and correct your Personal Information within the custody and control of Birchcliff. In order to: (a) exercise such right of access, update and amendment; (b) withdraw or amend your consent to further collection, use and disclosure of your Personal Information; (c) report any privacy concerns, breaches, violations or compliance issues; or (d) ask any questions about this Privacy Policy or collection, use of disclosure of your Personal Information by Birchcliff, you may contact Birchcliff’s Privacy Officer at the following address, telephone number and/or email address:

Please note that you may be requested to provide certain Personal Information for the purposes of verifying your identity for access to your Personal Information records to be granted.

Jurisdiction

This Privacy Policy is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. In the event that a dispute arises in connection with this Privacy Policy or Birchcliff’s collection, use or disclosure of your Personal Information in accordance herewith, you irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Alberta and the courts of appeal therefrom.