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Blackstone Energy Services ecoBoss™ App

Privacy Notice

Introduction

The EcoBoss App (the “App”) is operated by Blackstone Energy Services Inc. (“BESI”, “we”, or “us”). BESI respects your privacy and is committed to protecting it through our compliance with this privacy notice (the “Privacy Notice”).

Effective Date and Scope

This Privacy Notice is effective as of September 1, 2021.

This Privacy Notice governs our practices to the collection, use and disclosure of Personal Information (as defined below) that we collect through users of the App (collectively, “Users”). By downloading, accessing and using the App, you expressly consent to our collection, use and disclosure of Your Personal Information in accordance with this Privacy Notice.

Accountability
BESI is responsible for the Personal Information under our possession and control. We have designated a Privacy Officer to be responsible for our compliance with this Privacy Notice and privacy legislation. BESI will make known, upon request, the title of the person or persons designated to oversee BESI’s compliance with this Privacy Notice.

BESI is responsible for Personal Information in its possession or custody, including information that has been transferred to a third party for processing. BESI shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.

BESI shall implement policies and practices to give effect to these principles, including:

  • implementing procedures to protect Personal Information;
  • establishing procedures to receive and respond to complaints and inquiries;
  • training staff and communicating to staff information about the organization’s policies and practices; and
  • developing information to explain the organization’s policies and procedures.

Definitions

To better understand this Privacy Notice, BESI has set out some basic definitions to use when reading and interpreting it.

  • Collection: the act of gathering, acquiring, recording, or obtaining Personal Information from any source, including third parties, by any means.
  • Consent: voluntary agreement to the collection, use and disclosure of Personal Information for defined purposes. Consent can be either express or implied. Express consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of BESI. Implied consent is consent that can reasonably be inferred from the circumstances or from an individual’s action or inaction.
  • Disclosure: making Personal Information available to a third party for that party’s own use.
  • Personal Information: information about an identifiable individual that is recorded in any form, but does not include aggregated information or depersonalized that cannot be associated with a User.
  • Service: means the energy and eco sustainability challenge service that BESI provides through the App.
  • Transfer: making Personal Information available to a third party for processing, storage or otherwise, solely to be used on behalf of BESI.
  • Use: the treatment, handling and management of Personal Information by and within BESI.

What Personal Information Do We Collect?
BESI collects the following Personal Information:

  • we collect your name, and email when you register for the Service we provide through the App (“Registration Information”);
  • we collect identifiers like IP address, device ID and user ID from your browser or mobile device when you use the App and our Service; and
  • we collect your sustainability actions including photos or texts, that you enter or upload when using the Service, for contest purposes only.

How Do We Use Your Personal Information?
BESI uses your Personal Information to provide you with the Service, including enrolling you in our contest challenges and selecting a winner for a sustainability challenge. We also use Personal Information to communicate with you in the event you have questions or regarding fair play guidelines.

How Long Will We Retain Your Personal Information?
We retain your Personal Information for as long as necessary to fulfill the purposes for which we collected the information or as required by law. We maintain a records retention and destruction program to destroy information when it is no longer needed or required.

Consent
We respect your privacy and, unless otherwise required by law, we will not collect, use, transfer or disclose your Personal Information without your prior consent. Your consent may be expressed or implied. You may expressly give your consent in writing, verbally or through any electronic means. In certain circumstances, your consent may be implied by your actions. For example, downloading and accessing the App and registering for the energy and eco sustainability challenge is implied consent for BESI to provide you with the Services and disclose your Registration Information to our applicable Client.

In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when BESI wants to use information for a purpose other than those identified above). The form of consent sought by BESI may vary, depending upon the circumstances and type of information disclosed. In determining the appropriate form of consent, BESI shall take into account the sensitivity of the Personal Information and the reasonable expectations of our customers and Users. BESI will seek express consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate where the information is less sensitive.

Do We Disclose or Transfer Your Personal Information to Others?
We may share your Personal Information with our service providers that help us with our business operations. For example, we may transfer information with service providers who provide us with technical support. Further, all data collected through the App, including your Personal Information, will be stored on the servers of our “App licensor” (JouleBug). We require our service providers to keep your Personal Information secure. In addition, our service providers may not use or disclose Personal Information for any purpose other than providing the services on our behalf unless we or they have obtained your consent.

We may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of our business or as part of a corporate reorganization or stock sale or other change in corporate control.

We will disclose your Registration Information only to the client partner who has sponsored your energy and eco sustainability challenge (our “Client”). This is done to cross-reference participants to ensure that they are actively engaged with our Client (e.g. are actively enrolled students, or current employees/stakeholders of Client) and therefore are qualified to participate.

We will disclose Personal Information without your knowledge or consent if we receive an order, subpoena, warrant or other legal requirement issued by a court, tribunal, regulator or other person with jurisdiction to compel disclosure of your personal information.

We may also disclose your Personal Information where we have reason to believe that it is relevant to the investigation or decision to investigate a breach of the laws of Canada, a province or territory of Canada, or a foreign jurisdiction, and we are legally permitted to do so.

How Do We Protect Your Personal Information?
We take administrative, technical and physical measures to safeguard your personal information against unauthorized access, unauthorized disclosure, theft and misuse. This includes limiting access of employees to, and the use of, your Personal Information through the use of passwords and graduated levels of clearance. We do not publish all of our security measures online because this may reduce their effectiveness. We take physical precautions to ensure that the computer servers on which your Personal Information is stored and archived are secure and that access to such servers is protected. We educate our employees with respect to their obligations to protect your personal information and we require any third-party service providers to take comparable steps to ensure the protection of any of your personal information that is shared with them.

Although we take precautions against possible breaches of our security systems, no company can fully eliminate the risks of unauthorized access to your Personal Information and no website is completely secure. We cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur. Accordingly, you should not transmit Personal Information to us using our website if you consider that information to be sensitive.

Do We Collected Non-Identifiable and Aggregated Information and How Do We Use It?
Non-Identifiable and Aggregated information is data and information that is aggregated or anonymized in such a manner that it cannot be connected to you or any User. This may include energy consumption trends among Users, demographic information and aggregated analytic data (e.g. mobile device). We may use this information to understand the number, type and quality of actions taken in the energy and eco sustainability challenge and better understand the Users of our Services.

How Do You Access and Modify Your Personal Information or Make a Complaint?
If you have questions or concerns about Personal Information collected by us and would like assistance accessing that information, please contact our Privacy Office at 400-2323 Yonge St. Toronto, ON M4P 2C9.

Regarding Children and Minors
Our website and the services offered on our website are not directed to children under the age of 16 years. We will not knowingly collect Personal Information about a child under the age of 16.

Storage Outside of Canada
Your Personal Information may be used or stored by us or our service providers outside of Canada. We require that our service providers safeguard your Personal Information. However, if your Personal Information is used or stored outside of Canada, it will also be subject to the laws of the country in which it is used or stored.

General
BESI reserves the right to modify and amend this Privacy Notice from time to time in its sole discretion without prior notice. Any such amendment(s) will be posted on our website at www.blackstoneenergy.com.