Privacy Policy
Last updated: January 2024
Enserva is committed to maintaining the accuracy, confidentiality and security of your personal information. We have developed this Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. If you are unsure whether this Privacy Policy applies to you, please contact Enserva's Privacy Officer for more information.
Privacy Policy Effective for Canada
It is Enserva's policy to comply with the privacy legislation within each jurisdiction in which Enserva operates. 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. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Privacy Policy applies to you, please contact Enserva's Privacy Officer for more information.
What is Personal Information?
For the purposes of this Privacy Policy, personal information is any information about an identifiable individual, other than the person's business title or business contact information when used or disclosed for the purpose of business communications.
What Personal Information Does Enserva Collect?
You can visit Enserva's website without telling Enserva who you are or revealing any information about yourself, including your e-mail address. Enserva's web server may collect information related to your visit to Enserva's website, including the IP address and domain used to access Enserva's website, the type and version of your browser, the website you came from to access Enserva's website, the page you entered and exited at, any website page that is viewed by that IP address and what country you are from. Enserva uses this information to monitor Enserva's website's performance (such as number of visits, average time spent, page views) and for Enserva's business purposes, such as working to continually upgrade our website.
Enserva collects and maintains different types of personal information in respect of the individuals with whom Enserva interacts. This includes contact and identification information, such as your name, address, telephone number and e-mail address, and any other contact or other information that you choose to provide by:
· using the "contact us" portion of this website;
· applying for a position with Enserva through this website;
· by corresponding with a representative of Enserva via e-mail using the hyperlinks created for that purpose;
Where you request information from Enserva, Enserva may use the contact information that you provide to send you information about offers on products and services that Enserva provides to, or receives from, you, or that Enserva believes may be of interest to you. Enserva may also contact
you to provide you with, or collect from you, business relationship information, including information related to your agreements, preferences, advisors and decision-makers, feed-back and other information requested by or provided to you.
If you have asked Enserva to put you on an e-mail mailing list, Enserva may e-mail you our newsletter. Each of Enserva's newsletter e-mails includes an unsubscribe link that you can use to remove yourself from such mailing lists.
Enserva may also collect market-related information, which may include personal information, concerning market trends and activities impacting Enserva's business. This information may include contract terms, financial information and other information for the purpose of market analysis and strategic planning. Enserva may also collect information related to Enserva media, investor and public relations activities and information related to Enserva's interactions with financial and other analysts and advisors.
As a general rule, Enserva collects personal information directly from you. In most circumstances where the personal information that Enserva collects about you is held by a third party, Enserva will obtain your permission before Enserva seeks out this information from such sources (such permission may be given directly by you, or implied from your actions).
From time to time, Enserva may use the services of third parties in Enserva's business and may also receive personal information collected by those third parties in the course of the performance of their services for Enserva or otherwise. Where this is the case, Enserva will take reasonable steps to ensure that such third parties have represented to Enserva that they have the right to disclose your personal information to Enserva.
Where permitted or required by applicable law or regulatory requirements, Enserva may collect information about you without your knowledge or consent.
Why Does Enserva Collect Personal Information?
Enserva collects personal information to enable Enserva to manage, maintain, and develop our business and operations, including:
· to establish, maintain and manage Enserva's relationship with you so that Enserva may provide you with, or receive from you, the products and services that have been requested;
· to create and maintain Enserva's membership lists;
· to be able to review the products and services that Enserva provides to you so that Enserva may understand your requirements for Enserva's products and services and so that Enserva may work to improve such products and services;
· to be able to review the products and services that Enserva obtains from you so that Enserva may work with you and so that you may understand Enserva's requirements for such products and services;
· 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, Enserva will use this information to contact you at that number);
· to protect Enserva against error, fraud, theft and damage to our goods and property;
· to enable Enserva to comply with applicable law or regulatory requirements; and
· any other purpose to which you consent.
How Does Enserva Use Cookies?
When you visit Enserva's website, Enserva places a "cookie" on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows Enserva's website to identify you and to record your passwords and preferences. The cookie allows Enserva to track your visit to the website so that Enserva can better understand your use of the website so that Enserva can customize and tailor the website to better meet your needs.
Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (1) 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 (2) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you will not be able to access a number of web pages found on the website.
What about Links to Other Websites?
Enserva's website may contain links to other websites that may be subject to less stringent privacy standards. Enserva cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites. Enserva 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.
How Does Enserva Use and Disclose Your Personal Information?
Enserva may use and disclose your personal information:
· for the purposes described in this Privacy Policy; or
· for any additional purposes for which Enserva has obtained your consent to use or disclose your personal information.
Enserva may use or disclose your personal information without your knowledge or consent where permitted or required by applicable law to do so.
When Does Enserva Disclose Your Personal Information?
The personal information Enserva collects is used and disclosed for our business purposes, including for those purposes explained in this Privacy Policy.
Enserva may share your personal information with Enserva's employees, contractors, consultants, affiliates and other parties who require such information to assist Enserva with managing our relationship with you.
Enserva may disclose your information to third parties, including: third parties that provide services to Enserva or on Enserva's behalf; third parties that assist Enserva in the provision of services to you; and third parties whose services Enserva uses to conduct our business.
For example, OnePath Solutions, may provide certain information technology and data processing services to Enserva from time to time so that Enserva may operate our business, and as result, your
personal information may be collected, used, processed, stored or disclosed in Canada, the United States of America. In these circumstances, the governments, courts, law enforcement, national security, or regulatory agencies of such other jurisdictions may be able to obtain access to your personal information through the laws of the foreign country.
In addition, personal information may be disclosed or transferred to another party during the course of, or completion of, a change in ownership of or the grant of a security interest in, all or a part of Enserva 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, your 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;
· as part of Enserva's regular reporting activities to its parent and affiliated companies
· to protect the rights and property of Enserva;
· during emergency situations or where necessary to protect the safety of a person or group of persons;
· where the personal information is publicly available; or
· with your consent.
Your Consent is Important to Enserva
It is important to Enserva that we collect, use or disclose your personal information where Enserva has 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. For example, when you enter into an agreement with Enserva, Enserva will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.
Typically, Enserva 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 Enserva's use or disclosure of your personal information. If Enserva plans to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), Enserva will endeavor to advise you of that purpose before such use or disclosure.
As Enserva has described above, Enserva 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.
Choice/Opt-Out
You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting Enserva's Privacy Officer using the contact information set out below. In some circumstances, a change in or withdrawal of consent may severely limit
Enserva's ability to provide products or services to, or acquire products or services from, you. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to Enserva's Privacy Officer.
Enserva assumes that, unless you advise Enserva otherwise, that 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?
Enserva 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, copying, use, modification or disclosure.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while this website strives to protect your personal information, Enserva cannot warrant the security of any information you transmit to Enserva, and you do so at your own risk. Once this website receives your transmission, Enserva makes commercially reasonable efforts to ensure its security on Enserva's systems.
The security of your personal information is important to Enserva. Please advise Enserva's Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in Enserva's 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 Enserva informed of such changes.
In some circumstances Enserva 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 Your Personal Information
From time to time, Enserva may contact you to request an update of your personal information. You can also ask to see the personal information that Enserva holds about you. If you want to review, verify or correct your personal information, please contact Enserva's 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 Enserva may request specific information from you to enable Enserva to confirm your identity and right to access, as well as to search for and provide you with the personal information that Enserva holds about you. Enserva may charge you a fee to access your personal information; however, Enserva will advise you of any fee in advance. If you require assistance in preparing your request, please contact the office of Enserva's Privacy Officer. Enserva will endeavour to respond to your request within two weeks.
Your right to access the personal information that Enserva holds about you is not absolute. There are instances where applicable law or regulatory requirements allow or require Enserva 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 Enserva's record retention obligations and practices.
In the event that Enserva cannot provide you with access to your personal information, Enserva 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 Enserva manages your personal information, please contact Enserva's Privacy Officer by telephone, in writing or by e-mail. Enserva 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 Privacy Commissioner in your jurisdiction.
Privacy Officer
Enserva has appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for Enserva's Privacy Officer is as follows:
Privacy Officer Enserva PO Box 1950, Stn M Calgary, AB, T2P 2M2 Phone: 403-233-0748 E-mail: info@eco.ca
Revisions to this Privacy Policy
From time to time, Enserva may make changes to this Privacy Policy to reflect changes in Enserva's legal or regulatory obligations or in the manner in which Enserva deals with your personal information. Enserva will post any revised version of this Privacy Policy on our website workingenergy.ca and workingenergy.com and Enserva encourages you to refer back to it on a regular basis. This Privacy Policy was last updated on the date provided above.
Interpretation of this Privacy Policy
Any interpretation associated with this Privacy Policy will be made by Enserva's 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 impose upon Enserva any obligations, or create or confer upon any individual any rights, outside of, or in addition to, those 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.