Privacy policy - Canada

APACHE CANADA LTD. is committed to maintaining the accuracy, confidentiality and security of personal information under its control.

This privacy policy (in conjunction with its related policies) is designed to explain Apache's policies and procedures with respect of Apache's collection, use and disclosure of personal information.

SCOPE OF POLICY

This policy governs the collection, use and disclosure of personal information by Apache from and about individuals who are not employed (as a director, officer or employee) by Apache or an affiliate of Apache. This policy applies to and governs Apache Canada Ltd. All references in this privacy policy to "Apache", "we", "us", "our" and like terms should be interpreted accordingly.

It is Apache's policy to comply with the privacy legislation within each jurisdiction 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 Canada’s federal and provincial privacy laws, as applicable.

This privacy policy has a limited scope and application and the rights and obligations contained in this privacy policy may not be available to all individuals or in all jurisdictions.

RELATED PRIVACY POLICIES

Apache has segregated its privacy policies in order to make the policies more relevant to a specific grouping of individuals. Other policies associated with the issue of privacy include, Apache's 'Master Privacy Policy', and 'Employee Privacy Policy'.

If you are unsure of which privacy policy applies to you, please contact our Privacy Officer for more information. 

PERSONAL INFORMATION

Within the policy, personal information refers to any information about an identifiable individual, other than that person's business title or business contact information (such as business phone and fax number, business address and business email) when used or disclosed for the purpose of business communications (i.e. to contact such individual in their capacity as a representative of Apache).

WHAT PERSONAL INFORMATION DOES APACHE COLLECT?

Apache may collect personal information from individuals participating in and/or impacted by Apache's business activities in Canada's oil and gas industry. Apache collects and maintains different types of personal information in respect of the individuals with whom Apache interacts. This may include:

  • contact and identification information, such as name, address, telephone number and email address;
  • product and service related information concerning the products and services that we provide to, or receive from, you;
  • credit and financial information such as payment methods and preferences; and
  • business relationship information, including information related to agreements, preferences, advisors and decision-makers, feedback and information requested or provided by or from you.

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, investor and public relations activities and information related to our interactions with financial and other analysts and advisors.

Apache's oil and gas operations include exploration, development and production activities and Apache may also collect personal information from individuals participating in and / or impacted by those activities, including information related to the establishment, management and termination of leases of mineral or surface rights, and information related to obtaining exploration or development permits and licenses, emergency planning and environmental stewardship.

In the course of conducting its business, Apache may monitor the activities of individuals in respect of its operations and its property. For example, some Apache locations are equipped with surveillance cameras. These cameras are generally in high risk areas or plant sites. Where in use, surveillance cameras are there for the protection of employees and third parties, and to protect against theft, vandalism and damage to Apache goods and property. Generally, recorded images are routinely destroyed and not shared with third parties unless there is suspicion of a crime, in which case they may be turned over to the police or other appropriate government agency or authority.

As a general rule, Apache collects personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions).

From time to time, we may utilize the services of third parties (including affiliates of Apache) in our business and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.

Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.

WHY DOES APACHE COLLECT PERSONAL INFORMATION?

Apache collects personal information to enable us to manage and develop our business and operations, including:

  • to establish, maintain and manage relations with you so that we may provide you with, or receive from you, the products and services that have been requested (such as establishing, maintaining and managing leases of mineral or surface rights; for example so that we may   establish your identity and location so that we may pay you the rents or royalties due in respect of a lease that you have granted to us);
  • 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 so that we may work to improve our products and services;
  • to be able to review the products and services that we obtain from you so that we may work with you and so that you may understand our requirements for such products and services and work to improve the products and services that you provide to us;
  • to be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);
  • to protect us against error, fraud, theft and damage to our goods and property;
  • to enable us to undertake our environmental, health and safety activities, including incident planning, response and investigation;
  • to enable us to comply with applicable law or regulatory requirements (for example, we may collect personal information to satisfy the obligations imposed on us by federal or provincial energy, utilities or environmental bodies or to follow procedures mandated by these regulatory bodies in respect of obtaining exploration, development or other permits and licenses, emergency planning, and environmental stewardship); and
  • any other reasonable purpose to which you consent.

HOW DOES APACHE USE PERSONAL INFORMATION?

We may use your personal information for the purposes described in this privacy policy and for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information (which consent may be express, deemed or implied, as explained below).

We may use your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

WHEN DOES APACHE DISCLOSE INFORMATION?

We may share your personal information with our employees, contractors, consultants and other parties (including affiliates of Apache) who require such information to assist us with establishing, maintaining and managing our relationship with you, including: third parties that provide services to us or on our behalf; third parties that collaborate with Apache in the provision of services to you; and, third parties whose services we use to conduct our business.

Where we have obtained or granted an interest (such as through a partnership, joint venture or other commercial structure) in one or a series of wells, pipelines or other operations Apache may exchange personal information with third parties such as other resource companies, land agents, land brokers, and other third parties in the conduct of that operation.

Apache Canada Ltd. is one of a number of affiliated companies including Apache Corporation. Apache's affiliates sometimes provide management, administrative and other services to other affiliates. Personal information may be collected, used, retained or disclosed by and between Apache's affiliates in the performance of such services. In addition, as a subsidiary of Apache Corporation, Apache Canada Ltd may disclose personal information to Apache Corporation as part of its regular reporting activities.

For example, Apache Corporation and our other affiliates and service providers may provide certain information technology and data processing services to us from time to time so that we may operate our business, and as result, your personal information may be collected, used, processed, stored or disclosed in the United States of America, Canada and elsewhere from time to time.

In addition, personal information may be disclosed or transferred to another party (including an affiliate of Apache) in the event of a change in ownership of, or the grant of a security interest in, all or a part of Apache through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, 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.

Further, personal information may be disclosed:

  • as permitted or required by applicable law or regulatory requirements;
  • to comply with valid legal processes such as search warrants, subpoenas or court orders;
  • to protect the rights and property of Apache;
  • during emergency situations or where necessary to protect the safety of a person or group of persons;
  • where the personal information is public; or
  • with your consent.

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 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 the 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.

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.

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.

As we have described above, 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.

YOUR INFORMATION IS PROTECTED

Apache endeavours to maintain adequate physical, procedural and technical safeguards with respect to its offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information.

As part of those precautions, Apache endeavours to restrict access to sensitive personal information to those employees and others (i.e. individuals or organizations providing services to Apache) that it determines need to know that information in order that Apache may conduct its activities.

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. 

ACCURACY OF PERSONAL INFORMATION

Apache endeavours to ensure that any personal information in its possession is as accurate, current and complete as necessary for the purposes for which Apache uses that information.

To some extent, Apache relies on individuals to update their own personal information. For example, if an individual has had a change of address or telephone number, marital status, or if they wish to make changes to their banking information, the individual should complete the appropriate documentation and forward to the appropriate contact within Apache requesting that the individual's file be updated. Unless an individual advises Apache of these important changes, Apache has no way of knowing about them.

Apache reserves the right not to change any personal information and instead append an alternative text that the individual concerned believes is appropriate. For example, Apache may not change certain information contained in a lease administration file, but will attach a sheet to that file indicating the amendment requested by the individual.

ACCESS TO PERSONAL INFORMATION

You can ask to see the personal information that we hold about you. If you want to review, verify or correct your personal information, please contact the Privacy Officer using the contact information set out below. Please note that any such communication must be in writing.

When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact the Privacy Officer.

Your right to access the personal information that we hold about you is 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.

In the event that we cannot provide you with access to your personal information, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.

PRIVACY OFFICER

In order to foster compliance with this privacy policy, Apache has appointed a Privacy Officer to oversee all aspects of its privacy policies and practices. Our Privacy Officer may be contacted via e-mail at privacyofficer.canada@apachecorp.com, or via mail or courier to:

1000, 700 – 9th Avenue S.W.
Calgary, Alberta T2P 3V4

QUESTIONS

If you have questions with respect to Apache's privacy policies or practices, or with the result of their request to access or correct their personal information, please send your questions, in writing, to our Privacy Officer. Our Privacy Officer will then endeavour to answer such questions, report back to you and advise you of any steps taken to address the issues raised by them. If you are unsatisfied with the response, you may be entitled to make a written submission to the Privacy Commissioner applicable for that individual's jurisdiction.

REVISIONS TO THIS POLICY

Apache may from time to time 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 www.apachecorp.com, and we encourage you to refer back to it on a regular basis. Any changes to this privacy policy will be effective from the time they are posted, provided that any change that relates to why we collect, use or disclose your personal information will not apply to you, where your consent is required to such collection, use or disclosure, until we have obtained your consent to such change. 

This Privacy Policy was last updated on December 19, 2011. 

RESPONSIBILITY AND INTERPRETATION

It is the responsibility of our Privacy Officer to update this policy as required. Any interpretation associated with this policy will be made by our Privacy Officer. This policy includes examples but is not intended to be restricted in its application to such examples, thus 'including' shall mean 'including without limitation'.

This Privacy Policy does not create or confer upon any individual any rights, or impose upon Apache 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 Canada's federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

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