Privacy

External Privacy Statement

At Enerflex Ltd. (“Enerflex”) we are committed to maintaining the accuracy, confidentiality and security of your Personal Information (as defined below). This External Privacy Policy (the “Policy”) describes the Personal Information that Enerflex may collect from or about you, and how we use and to whom we disclose that information.

This Policy is the global standard for Personal Information handling for Enerflex and all of its divisions and subsidiaries. All references in this Policy to “Enerflex”, “we”, “us”, “our” and like terms should be interpreted accordingly.

Enerflex has adopted a series of privacy policies in order to address the specific privacy concerns of certain groupings of individuals and specific issues relating to the use of our website. This Policy applies to the Personal Information of all individuals, unless the Personal Information:

is related to a potential, current or former employee of Enerflex. Employee Personal Information is dealt with in the Enerflex “Employee Privacy Policy”; or
is collected, used or disclosed while using the Enerflex website. Such Personal Information is dealt with in the Enerflex “Website Privacy Policy”.

If you are unsure of which privacy policy applies to you, please contact the Enerflex Privacy Officer using the contact information set out below.

Global Standard For Personal Information Handling

It is Enerflex’s policy to comply with the privacy legislation within each jurisdiction in which we operate. Privacy legislation and/or an individual’s right to privacy may vary from one jurisdiction to another. Enerflex will comply with local legal requirements to the extent they conflict with or exceed the requirements of this Policy.

Note that varying local legal requirements may mean that the rights and obligations contained in this Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Policy applies to you, please contact our Privacy Officer for more information.

What Is Personal Information?

For the purposes of this 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 Do We Collect?

We may collect and maintain different types of Personal Information in respect of individuals with whom we interact. This includes:

contact and identification information, such as your name, address, telephone number and e-mail address;
product and service related information concerning the products and services that we provide to, or receive from, you, including with respect to the service, maintenance and repair of such products;
credit and financial information such as your payment methods and preferences, and billing and credit history; and
relationship information, including information related to marketing, your agreements, preferences, advisors and decision-makers, service requests and feed-back 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.

While conducting its business, Enerflex may monitor the activities of individuals in respect of its operations and its property. For example, some Enerflex locations are equipped with security cameras. These cameras are generally in high risk areas or shop sites. Where in use, security cameras are there for the protection of employees and third parties, and to protect against theft, vandalism and damage to Enerflex goods and property. Generally, video tapes recording 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, Enerflex 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). The third parties that we may collect information from include credit reporting agencies (for the purpose of conducting a credit check where you wish to obtain credit from us).

From time to time, we may utilize the services of third parties (including members from other divisions of Enerflex) in our business and may also receive Personal Information collected by those third parties during 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 Do We Collect Personal Information?

The Personal Information is collected, used and disclosed for our legitimate business purposes, 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 (for example, we will use your Personal Information to establish your identity and location so that we may accurately deliver and bill for the products and services that you request);
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 inform you of our products and services other than those that you have specifically requested, including sending you information promoting our other products and services;
to be able to inform you of products and services that other members from other divisions of Enerflex or third parties that we have carefully selected as partners may wish to offer you, including sending you information promoting the products and services of those members or partners;
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 health, safety and environment activities, including incident planning, response and investigation;
to enable us to comply with applicable law or regulatory requirements; and
any other legitimate business purpose that is reasonably required by Enerflex or to which you consent.

How Do We Use And Disclose Your Personal Information?

We use and disclose your Personal Information:

for the purposes described in this Policy; or
for any additional legitimate business purposes as reasonably required by Enerflex or for which we have obtained your consent (which consent may be express, deemed or implied, as explained below).

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

When Do We Disclose Your Personal Information?

We share your Personal Information with our employees, contractors, consultants and other parties (including members from other divisions of Enerflex) 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 Enerflex in the provision of services to you; and third parties whose services we use to perform our services.

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 Enerflex’s regular reporting activities;
to protect the rights and property of Enerflex;
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.

In addition, Personal Information may be disclosed or transferred to another party (including to a member of another divisions of Enerflex or an affiliate of Enerflex ) during the course of or completion of a change in ownership of, or a grant of a security interest in, all or a part of Enerflex through, for an 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 Policy, unless you consent otherwise.

Your Consent Is Important To Us

It is important to us that where we collect, use or disclose your Personal Information 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. For example, when you accept our products or services, we will assume your consent to the collection, use and disclosure of your Personal Information for purposes related to your acceptance and use of those products or services, or for other purposes identified to you at the relevant time.

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 Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

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.

Choice/opt-out

You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the office of our Privacy Officer using the contact information set out below. In some circumstances, a change in or withdrawal of consent may severely limit our 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 the Enerflex Privacy Officer.

We assume that, unless you advise us otherwise, by continuing to deal with us and/or by having access to this Policy at www.enerflex.com, you have consented to the collection, use and disclosure of your Personal Information as explained in this Policy.

How Is Your Personal Information Protected?

Enerflex endeavours 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.

Information regarding cross-border transfers of Personal Information may be obtained from our Privacy Officer.

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 us informed of such changes.

In some circumstances we 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

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 office of our Privacy Officer. 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 office of the Enerflex 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.

Inquiries

If you have any questions about this Policy or about how Enerflex manages your Personal Information, please contact the office of the Privacy Officer in writing or by email. Enerflex will endeavour to answer your questions and advise you of any steps taken to address the issues raised by you.

Privacy Officer
904,1331 Macleod Trail SE
Calgary, Alberta, Canada
T2G 0K3
E-mail: privacy.officer@enerflex.com

Revisions To This Policy

Enerflex may from time to time make changes to this 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 Policy on our website www.enerflex.com, and we encourage you to refer back to it on a regular basis. Any changes to this 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 unless you consent to such change.

Interpretation Of This Policy

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, therefore where the word ‘including’ is used, it shall mean ‘including without limitation’.

This Policy does not create or confer upon any individual any rights or impose upon Enerflex any rights or obligations outside of, or in addition to, any rights or obligations imposed by the federal and local privacy laws, as applicable, of the country in which you work or other laws as may be applicable. Should there be, in a specific case, any inconsistency between this Policy and the federal and local privacy laws, as applicable, of the country in which you work or other laws as may be applicable this Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

Effective August 9, 2018