Personal Information and Privacy Policy

Important Notice: Vertex Downhole Ltd. and its affiliated companies (collectively, “Vertex” or “us” or “our” or “we“) consider matters relating to the protection of personal information and privacy to be extremely important.  Vertex has created and implemented this personal information and privacy policy (the “Privacy Policy“) so that you understand how Vertex may collect, use, and disclose personal information and how it is protected.  The types of collection, uses and disclosures of your personal information that we wish to make are specifically set out in this Privacy Policy.  

Vertex encourages you to review this Privacy Policy.  If you do not agree to this Privacy Policy, please do not use our website or provide your personal information to us. If you have questions regarding this Privacy Policy or our privacy practices then please contact our Privacy Officer, whose contact information is set out at the bottom of this Privacy Policy.

Amendments to this Privacy Policy

Vertex reserves the right to amend this Privacy Policy from time to time.  Please check back regularly for amendments and changes.

General Background

The Alberta Personal Information Protection Act and other applicable privacy legislation contain provisions relating to the collection, use and disclosure of your personal information.  

Our Commitment

Except as otherwise set out in this Privacy Policy, Vertex will not sell, rent, loan, trade, lease, transfer or otherwise disclose your personal information, including e-mail addresses, to any third party.

Definitions

In this Privacy Policy, “personal information” means information about an identifiable individual.  In particular, this Privacy Policy is intended to inform you about how Vertex may collect, use and disclose your personal information.  

Personal information does not include information that cannot be attributed to an identifiable individual.  For example, information of an aggregate or anonymous nature (provided there is no serious possibility that an individual could be identified through the use of that information, alone or in combination with other information) is not personal information under this Privacy Policy and, therefore, is not subject to the terms of this Privacy Policy.

Consent

We will obtain your consent to our collection, use, and disclosure of your personal information, except in circumstances where we are permitted or required by law to do so without your consent.  Your consent may be explicit or implied and you may give consent orally or in writing, depending on the circumstances.  In particular, you will be deemed to consent to the collection, use or disclosure of your personal information for a particular purpose if you voluntarily provide the information to Vertex for that purpose and it is reasonable that a person would voluntarily provide that information. In those circumstances, your consent will be implied.

When obtaining your consent we will inform you of the uses and disclosures that we wish to make of your personal information unless those uses and disclosures are readily apparent at the time we collect the personal information or are explicitly set out in this Privacy Policy.

If a new need arises for the use or disclosure of some of your personal information which we previously collected, we will seek to obtain your consent for the new use or disclosure prior to commencing that use or disclosure.

Changing Consent

You may change or withdraw your consent at any time on reasonable notice, subject to pre-existing legal and contractual obligations, by contacting our Privacy Officer as set out below.  However, if you withdraw certain consents, it may limit the manner in which you can make use of Vertex’s services or otherwise interact with Vertex.  Also, your ability to change or withdraw consent is not absolute.  Vertex reserves the right to continue storing and handling your personal information in those circumstances where we are required or permitted to do so by law despite a change or withdrawal of consent. 

Collection

Where practical, we will try to collect personal information directly from you.  Occasionally, we may need to collect personal information from other sources.  In those circumstances, when required by law, we will have those third parties verify that they have obtained your consent to disclose that personal information to Vertex.  

Personal information we collect from you may include, without limitation:

  • information that you provide by filling in forms on our website, requesting our goods or services, or requesting information about Vertex or its goods or services. We may also ask you for information when you report a problem to us;
  • records and copies of your correspondence (including e-mail addresses), if you contact us; and
  • details of transactions you carry out with us and of the fulfillment of your orders for goods or services. 

Use

Set out below are certain circumstances where we may use your personal information without obtaining your further consent:

  • using identification information and contact information, such as your name, address, telephone number and e-mail address to provide information about Vertex to you when you request that information;
  • using identification information and contact information, such as your name, address, telephone number and e-mail address so that we can identify you and communicate with you in connection with our operations;    
  • using customer or supplier relationship information, such as your service requests, instructions, comments and feedback to assist us in delivering services in accordance with your wishes; 
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; and 
  • using personal information for the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose.  For example, if you apply for a job, we will review the information provided to assess your suitability for the job.  As well, we will use your contact information to contact you if we need further information and to otherwise contact you regarding the position.

Disclosure

Set out below are certain circumstances where we may disclose your personal information without obtaining your further consent.  These are:

  • If you sign up to receive e-mail alerts, news releases or to receive copies of our corporate information, your personal information may be provided to third parties so that they can deliver that information to you as requested;
  • In the event Vertex transfers or is considering transferring control of any or all of its operations or assets to another organization, Vertex has the right to transfer and/or disclose your personal information to that organization.  However, in those circumstances, both Vertex and that organization will be required to only use and disclose your personal information as each is entitled to in connection with a business transaction under applicable privacy laws; and
  • Vertex may work with other organizations towards some common purpose consistent with the objectives of Vertex.  In that case, it may be necessary for Vertex to disclose your personal information to these organizations.  However, Vertex will require that these organizations agree that they will only use and disclose your personal information as necessary for the common purpose and that they will adhere to the terms of this Privacy Policy.

Service Providers

Vertex may engage certain service providers.  Those service providers may provide services to Vertex to assist Vertex in its activities.  In some cases, those service providers may provide services directly to you at the request of Vertex.  As such, it may be necessary for Vertex to disclose your personal information to these service providers.  Vertex will require that these service providers will only use and disclose your personal information as necessary to provide the services and that they will adhere to the terms of this Privacy Policy.  As well, some of these service providers may assist Vertex in the collection of your personal information.  Vertex will require that they will not use or disclose your personal information for any other purpose and that they will adhere to the terms of this Privacy Policy.

Other Collection, Use and Disclosure

Privacy legislation permits or requires the collection, use and disclosure of personal information without the knowledge or consent of the individual in some specific and limited circumstances.  We have the right to collect, use and disclose your personal information in those limited circumstances without your knowledge or consent.  Vertex may monitor your use of its services to ensure the proper use and operation of those services.  As well, we may collect, use and disclose your personal information without your knowledge or consent when that personal information is relevant to an actual or potential legal proceeding or when we are required or permitted to do so by court order, applicable law or regulatory requirements.

Use of the Website

In order for you to use some of the features of Vertex’s website, Vertex may require that you provide some personal information.  Our web server may collect the domain names, IP addresses and the website activity of visitors.  This information may be aggregated for the purposes of measuring the number of visits, average time spent on the website, pages viewed, and other similar purposes.  Vertex may use this information to measure the use of our website and to improve the content of our website.

A technology called cookies may be used on certain pages of our website.  A cookie is a tiny element of data that a website can send to your browser, which may then be stored on your hard drive so the website can recognize you when you return.  Cookies allow us to provide you with tailored information and to provide services to you via the Internet.  If your browser permits, you may set your browser to notify you when you receive a cookie or to reject cookies altogether.  (See the documentation provided with your Internet browser for more information on cookies and how to disable them.)

Accuracy and Completeness

When we collect, use or disclose personal information, we will make a reasonable effort to ensure that it is accurate, up-to-date and complete.  To do so, we may need to request additional information from you or have you verify your information.  If your personal information does change, please inform us of those changes so we may ensure your personal information in our possession remains accurate.

Retention and Destruction

For legal and business purposes we may retain your personal information for as long as it is reasonably needed.  Upon expiry of the appropriate retention period, bearing in mind our reasonable legal and business requirements, your personal information will either be destroyed in a secure manner or made anonymous.  You should be aware that there are legally required minimum retention periods, which Vertex must and does observe.

Security of Personal Information

Vertex recognizes its obligation to protect personal information in its possession and will make reasonable arrangements to secure that personal information against unauthorized access.  These arrangements may include: restricting access to personal information to only those individuals with a need to know the information, securing personal information using locked doors and/or filing cabinets and other physical and electronic security measures, as well as contractual measures, such as non-disclosure agreements.

Requests for Access to Personal Information

On your written request, subject to the limitations set out below, we will provide you with:

  • access to your personal information (if any) under our custody or control;
  • information about the purposes for which your personal information under our custody or control has been, and is being, used by us; and
  • the names of persons to whom, and the circumstances in which, your personal information has been, and is being, disclosed by us.  

All requests may be subject to reasonable fees and disbursements.  Where it is appropriate to do so, we may require advance payment of a deposit or the entire costs of responding to a request for access to personal information.  As well, all requests must be in writing and signed by you.  We will also require sufficient information and detail from you in order to verify your identity, to properly locate the information, and provide a response.

Your ability to access your personal information is not absolute.  Vertex reserves all rights to not provide access to personal information in the circumstances permitted by law.

Requests for Correction of Personal Information

We will correct errors or omissions in your personal information, at your request, where that information is in our custody or control.  We require that all such requests be in writing and signed by you.  We may require sufficient information and detail from you in order to verify your identity, properly locate the information, and provide a response.  If you make such a request, we will either:

  • correct the personal information and, if reasonable to do so, send correction notifications to any third party to whom we disclosed the incorrect information; or
  • decide not to correct the personal information, but we will annotate the personal information that a correction was requested but not made.

Corrections or amendments will rarely, if ever, be made to opinions, including expert or professional opinions, as opposed to factual information, which may be corrected if in error.

Limited Nature of this Privacy Policy

Nothing contained in this Privacy Policy is intended to create a contract or agreement between Vertex and you and you may not rely on it as such.

Contacting or Communicating With Us

If you have any questions or concerns with respect to our privacy policies or practices, please contact our Privacy Officer at:

Attention: Privacy Officer

Address: Vertex Downhole Ltd.

10911, 50 Street SE
Calgary, AB  T2C 3E5

E-mail: rfilipovic@vertexdownhole.com

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