PHOENIX PRIVACY POLICY

1.0     INTRODUCTION

PHX Energy Services Corp. and its subsidiaries (“Phoenix”) considers matter relating to the protection of your Personal Information and your privacy to be extremely important.   Phoenix has developed this Privacy Policy (the “Policy”) to inform you of the manner in which your Personal Information will be collected, used and disclosed and how your Personal Information will be protected.

 

2.0     POLICY

2.1.    Definitions

“Employee” is an individual employed by Phoenix or who is performing a service on behalf of Phoenix. This includes full-time and part-time employees, contract employees, temporary employees, volunteers and students.

“Persons” includes: (i) all Employees, (ii) directors of Phoenix and (iii) independent contractors engaged with Phoenix.

"Personal Information" means personal information about past, current or prospective Persons where that personal information is reasonably required by Phoenix for the purposes of establishing, managing or terminating a Person’s relationship with Phoenix.  Personal Information does not include personal information about Persons that is not related to Person’s relationship with Phoenix. Personal information also does not include information that cannot be attributed to a specific individual.  For example, information of an aggregate or anonymous nature is not Personal Information under this Policy and therefore is not subject to the terms of this Policy.

2.2.    Confidentiality

All the information you provide us is kept strictly private and confidential and is used only with your consent and in conjunction with your relationship with Phoenix.  We do not in any way sell, trade, or distribute any Personal Information, addresses, emails, or telephone numbers with any organizations, governments or companies.  We do not share Personal Information with third parties, unless you have granted us permission to do so.

All Persons are asked to acknowledge and sign this Policy, which authorizes Phoenix to use Personal

Information for the purposes listed in this Policy only.

Phoenix expects authorized Persons who have access to Personal Information to implement physical and electronic security measures to ensure confidentiality and security.

Phoenix may collect and possibly share Personal Information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Phoenix’s Code of Business Conduct and Ethics, Anti-Corruption Policy, compliance legislation or as otherwise required by law. We may respond to subpoenas and court orders or participate in legal process.  We also may choose to establish or exercise our legal rights or defend against legal claims.

2.3.    Accessing and Updating Information

We need your help in making sure your Personal Information is correct and up-to-date.  Please notify Human Resources or Payroll of changes to your name, address, title, phone number, or any other Personal Information.

Upon request, Phoenix will provide you with information about the existence, use, and disclosure of your Personal Information and provide you with access to it, if reasonable. Upon request, Phoenix will correct inaccuracies.

Phoenix may engage certain service providers where disclosure of your Personal Information is necessary to facilitate business transactions such as payroll and benefit functions. However, Phoenix will take steps to ensure these service providers are aware of and agree to comply with the terms of this Policy and only use or disclose Personal Information as required to deliver their contracted services.

We respect personal privacy and the expectation of privacy in personal matters.  However, you should consider that anything you do while on Phoenix’s premises, on Phoenix’s time or using Phoenix’s resources might be searched, read, checked or monitored by management and/or security specialists at any time.

2.4.    Types and Uses of Information

In handling Personal Information of other Persons you may only collect, use and disclose such Personal Information: (i) as reasonably required for business, personnel and legal purposes; and (ii) only if it is part of your specific job responsibilities to collect, use and disclose Personal Information for those purposes. This may include, without limitation, in connection with:

  • assigning job responsibilities,
  • ensuring the safety and security of others and corporate assets, including Phoenix held information,
  • determining eligibility for initial employment, including the verification of references and qualifications,
  • administering pay and benefits,
  • conducting performance evaluations,
  • facilitating professional development,
  • complying with applicable employment, contract or legal requirements,
  • managing contract obligations with external parties, consistent with business objectives
  • communicating with other Persons, and
  • other reasonable purposes as required to fulfill business objectives or manage the relationship.

We will not change the way in which we use your Personal Information, unless you consent to the new usage.

2.5.    Data Retention and Disposition

Phoenix will ensure that any Personal Information is as accurate as necessary for collection purposes; ensure that Personal Information is secure; and keep such information only as long as reasonable for business or legal reasons and for the purposes for which it was collected.  Upon expiry of an appropriate retention period, Personal Information will either be destroyed in a secure manner or made anonymous.

2.6.     Compliance

Violations of this Policy may result in disciplinary action, including but not limited to termination.

Independent  contractors,  consultants  and  service  providers  representing  Phoenix  are  expected  to develop, implement and enforce policies and practices consistent with this Policy.

2.7.     Phoenix Privacy Officer

If you have questions regarding personal data protection, privacy of your Personal Information or the implementation of this Policy, please contact the Privacy Officer at:

Attention: Doug Webb

Address:   PHX Energy Services Corp.

               #1400, 250 – 2nd Street SW

               Calgary, Alberta Canada

                T2P 0C1

Direct:      (403) 930-9029

Cell:         (403) 589-9001

Email:    dwebb@phxtech.com

3.0 ACKNOWLEDGMENT