Website Privacy Policy

Effective date: March 28, 2018

Bengal Energy Ltd. (“Bengal”, “the Corporation”, “our”, “we”, “us”, etc.) carries on business as an international oil and gas exploration and production company based in Calgary, Alberta, Canada.

Bengal is committed to maintaining the privacy of individuals and protecting personal information in its custody or control in accordance with privacy legislation applicable to Bengal.

This Privacy Policy (“Policy”) describes and summarizes the practices of Bengal with respect to our collection, use and disclosure of personal information on this website (“Website“) and is applicable to visitors of this Website.  We may from time to time revise this Policy to reflect changes in our procedures regarding personal information and post the revised version of the Policy on this Website.  Upon posting, the revised Policy will come into effect.

By accessing this Website, you confirm your consent to the contents of this Policy. If you do not agree with the contents of this Policy, or to our collection, use or disclosure of personal information as described in this Policy, then you may not access this Website. It is our policy to generally collect, use and disclose personal information only with consent; however, we reserve our right to do so without consent where required to or permitted to by law, such as, for example, in course of an investigation or in relation to a legal proceeding. We will not sell your personal information to any third party.

Among other things, this Policy describes the Corporation’s obligations and practices under the Personal Information Protection Act (Alberta) (“PIPA”) and the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”), as applicable. Personal information the Corporation collects, uses and discloses is generally processed in Alberta, so in most, if not all cases, PIPA will be the applicable legislation.

This Policy applies only to individuals and does not apply to information about corporations or other legal entities other than individuals.  While Bengal respects its obligations of confidence to legal entities other than individuals, only individuals have rights of privacy.

Definitions

In this Policy, the following terms have the following meanings:

  • Business contact information means an individual’s name and position or title as an official or employee of an organization, as well as their business telephone number, business address, business e-mail, business fax number and other business contact information.
  • Collection of personal information means obtaining personal information from any source, including the individual themselves and any third party.
  • Disclosure of personal information means allowing or providing access to all or part of the information. Disclosure will generally be external to Bengal.
  • Employee means any individual who provides a service to Bengal, and includes full-time and part-time employees, consultants, temporary employees, volunteers, students, and those in a contract or agency relationship with us.
  • Personal information means information about an identifiable individual, which does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified. Personal information also does not include business contact information, as long as business contact information is used to contact an individual in their capacity as an employee or official of an organization, and for no other purpose.
  • Personal employee information refers to personal information about a current or former individual employee, or a prospective employee, that is collected, used or disclosed by Bengal, and that is reasonably required by us for the purposes of establishing, managing or terminating an employment, consultant, or volunteer relationship, but does not include personal information about an employee that is not related to the employment or independent contractor relationship. Personal employee information is therefore a sub-set of personal information about an employee.
  • Use of personal information means processing or utilizing such information in any manner, including but not limited to using such information to contact the individual. Use includes accessing the information, retaining the information, and how long the information is retained.  Use will generally be internal to Bengal.

Privacy and our website

The Corporation does not collect any personal information from you when you simply visit our website at https://www.bengalenergy.ca/.  However, you should be aware that most web servers do collect some information about visitors, such as the browser and version you are using, your operating system, and your “IP” or internet address, which may identify your Internet Service Provider or computer but not the person using it.

If you do proceed to provide us with personal information, such anonymous information may no longer be anonymous, and it may then become personal information subject to this Policy.

If you voluntarily submit personal information to us by email or other online means for purposes of obtaining information or other interaction or communication with us, we will consider that you have done so with your consent for purposes reasonably related to your providing the information.  If reasonable to do so, after our initial response, we may send further information to you with information that may be useful. Where we are legally required to do so, we will include instructions on how to terminate receiving such further information.

Please be advised that the Internet and email are inherently insecure media, and we cannot take responsibility for the security or privacy of personal information in transit over the Internet.

Please note that our website may contain links to other websites which are provided as a convenience for visitors to our website only. Any third party websites will have their own privacy policies and practices, and we cannot be, and are not, responsible for such third parties or their websites.

Notification and consent

Where required by applicable legislation, the Corporation will identify the purposes for collection, use and disclosure in advance of collection, and will notify the individual of the purposes for collection, use or disclosure at or before the time of collection.  It is the policy of Bengal to obtain consent of individuals at or before the time their personal information is collected, unless applicable law provides otherwise.

It is the general policy of Bengal to not use or disclose personal information in its custody or control except with the consent of the individual and then only for identified purposes.  However, individuals should be aware that there are exceptions to consent as described in this Policy.

In certain circumstances, specifically those set out in applicable legislation, the law does not require that Bengal obtain consent or provide notification.  Bengal reserves all its rights to rely on any available statutory exemptions and exceptions.

Exceptions to the requirement for consent

Bengal may collect, use or disclose personal information without consent in circumstances that include, but are not limited to, the following:

  • Where a reasonable person would consider that the collection, use or disclosure of the information is clearly in the interests of the individual and consent of the individual cannot be obtained in a timely way or the individual would not reasonably be expected to withhold consent;
  • Where the collection, use or disclosure of the information is pursuant to a statute or regulation of either Alberta or Canada that authorizes or requires the collection, use or disclosure;
  • Where the collection of the information is from a public body and that public body is authorized or required by an enactment of Alberta or Canada to disclose the personal information to Bengal, and, with respect to use or disclosure by the Corporation, we are then authorized or required to use or disclose the personal information;
  • Where the collection, use or disclosure of the information is reasonable for the purposes of an investigation or a legal proceeding;
  • Where the information is publicly available;
  • Where the collection, use or disclosure of the information is necessary in order to collect a debt owed to Bengal or for Bengal to repay to an individual money owed by Bengal;
  • With employees, there are certain circumstances related to personal employee information where consent is not necessary but notification may be required. See the section entitled “Employees” below.
  • In certain circumstances, where the information may be disclosed without consent, it may also be used without consent.

Bengal will in all cases collect, use and disclose personal information as required by applicable law, which includes, but is not limited to, the laws related to shareholders in corporations, and directors and officers of corporations.  It is also the policy of Bengal to cooperate to the full extent permitted or required by law with law enforcement and governmental agencies requesting disclosure of personal information in the custody or control of Bengal.

In addition to the above, the law generally provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information.   If you provide personal information to the Corporation voluntarily, we will rely on deemed consent and consider that you consent to our collection, use or disclosure of your personal information as necessary to carry out the purposes for which you provided the information.

Where a new purpose for the use or disclosure of personal information previously collected arises, Bengal will contact the individual in question to obtain any required consent or to provide any required notification for use and/or disclosure for such new purpose or purposes.

Where practical, Bengal will try to collect personal information directly from you. Where necessary, Bengal will collect personal information from other sources.  When Bengal collects personal information about individuals directly from them, except when their consent to the collection is deemed or has otherwise been previously and lawfully obtained, or is not legally required, we will tell them the purpose for which the information is collected, and the name of a person who can answer questions about the collection.

Why and how we collect, use and disclose personal information

Bengal generally collects, uses and discloses personal information for the following purposes:

  • Employees: To establish, maintain, manage and terminate an employment or contractor relationship.
  • Shareholders and investors: Bengal is required by applicable laws and regulatory authorities to collect, use and disclose certain information with respect to its shareholders.  Bengal also collects, uses and discloses personal information about its investors and shareholders to establish, maintain and terminate relationships with them, and to communicate with and interact with its investors and shareholders.
  • Directors: Bengal is required by applicable laws and regulatory authorities to collect, use and disclose certain information with respect to its directors.  Bengal also collects, uses and discloses personal information about its directors and officers in order to manage its business and establish, maintain and terminate its relationships with those individuals.
  • Other individuals: Personal information from other individuals may be collected when such individuals contact Bengal for a variety of reasons personal to them. For example, if you contact us with an inquiry, we will use the information you provide to assist us in responding to you and communicating with you. Bengal may also use the information in order to establish relationships, manage relationships, and manage the end or termination of relationships.

Retention and destruction of personal information

Alberta law allows us, for legal or business purposes, to retain personal information for as long as is reasonable.  Upon expiry of an appropriate retention period, bearing in mind reasonable legal and business requirements, personal information will either be destroyed in a secure manner or made anonymous.

Should consent, where consent is required, to the Corporation’s collection, use, disclosure or retention of personal information be revoked by the individual in question, the law also allows us to continue to retain the information for as long as is reasonable for legal or business purposes.  In the event that revocation of consent may have consequences to the individual concerned, Bengal will advise the individual of the consequences of revoking their consent where it is reasonable in the circumstances to do so.

Outsourcing and data hosting

Bengal may use third party service providers to process or deal with records, documents, data and information on behalf of Bengal, and such records, documents, data and information may include personal information.  In order to protect the confidentiality and security of personal information processed on behalf of Bengal by its service providers, Bengal will use contractual and similar measures with such service providers, including contractual non-disclosure provisions.

Bengal may use “cloud computing” or other third party information technology service providers, and those providers may be either in or outside Canada, and the data housed, hosted and processed by such providers may reside in or outside of Canada, and may include personal information about individuals.  Where consent or notification is legally required, it is our policy to notify individuals about such service providers outside of Canada, and such notification will include the way in which the individual may obtain access to written information about our policies and practices with respect to service providers outside of Canada and the name or title of a person who can answer any questions about the collection, use, disclosure or storage of personal information by any service providers outside Canada.

Security

We recognize the importance of protecting the personal information we have gathered about individuals. We have therefore made arrangements to secure against unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.   These arrangements may include physical security measures, network security measures, and organizational measures such as non-disclosure agreements and need-to-know access.

Contacting or communicating with us

If you have any questions with respect to our policies concerning the collection, use, disclosure or handling of your personal information, please contact our Privacy Officer at:

Lisa Melnyk
Bengal Energy Ltd.
Suite 2000, 715 5th Ave SW
Calgary, AB T2P 2X6
Phone: (403) 205-2526
Fax: (403) 263-3168
Email: privacy@BengalEnergy.ca