Privacy Policy & Charter

Personal information means information about an identifiable individual and primarily refers to information required for managing the employment or business relationship, as the case may be.  This might include home addresses, banking information, medical data, etc.  Personal information does not include publicly available information such as that which is contained in a business card, telephone directory or government registry.

Primary responsibility for implementing the Privacy Program at Enerplus is delegated to the Chief Privacy Officer and the administrative application of the Privacy Program is delegated to the Privacy Manager. This Privacy Policy and its related obligations apply to all staff members when they are engaged in company business. Department Managers are to be informed and act diligently with respect to privacy issues within their department. Staff members providing services through a third party are required to act in accordance with this Privacy Policy with respect to their use of Enerplus assets. Contractors and consultants are required to observe and respect this Privacy Policy and ensure their staff do not contravene this Privacy Policy when providing services for or on behalf of Enerplus.

Enerplus will obtain express, deemed or implied consent from individuals, except where otherwise permitted by law, to collect, use and disclose personal information for reasonable business purposes. The purpose for the collection, use or disclosure of the personal information, except where otherwise permitted by law, will be identified orally or in writing before or when the information is collected. Enerplus will use personal information for the purposes described in this Privacy Policy or for any additional purpose for which Enerplus has obtained consent or which is permitted or required by applicable laws.

When providing disclosure, staff will endeavor to disclose the least amount of personal information and maintain the highest level of anonymity possible. You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Manager in writing. Where permitted by law, your consent to collection, use and disclosure as set out in this Policy will be deemed unless you contact Enerplus to expressly refuse or withdraw your consent.

Employees include all individuals who seek to be, are or were employed by Enerplus, as well as all current and former directors of Enerplus.  In general, personal information collected, used and disclosed about prospective, present or former employees is for administering, planning and managing an individual's employment relationship with Enerplus and includes but is not limited to:

• ensuring the safety and security of staff and corporate assets, including company held information;
• determining eligibility for initial or internal employment, including the verification of references and qualifications;
• administering pay and benefits;
• facilitating professional development and performance;
• performance review and internal staffing considerations;
• complying with applicable employment or legal requirements;
• communicating with staff; and
• other reasonable purposes as required to manage the employment relationship.

Enerplus may collect, use and disclose personal information of past, present and prospective employees, without consent, for reasonable purposes that pertain to the employment relationship and as provided by privacy law. Where required, Enerplus will provide the subject individual with reasonable notification of the purpose for which their personal information is collected, used and/or disclosed.

In general, personal information collected, used and disclosed with respect to external parties is for the purposes of:

• providing information about Enerplus and its operations to external parties;
• managing and administering contracts with external parties;
• managing Enerplus' relationship with and providing for the safety of external parties;
• meeting legal or regulatory requirements or obligations;
• facilitating participation in Enerplus events; and
• other reasonable purposes consistent with Enerplus' business objectives.

Enerplus may collect, use or disclose personal information, without consent, for reasonable business purposes and as provided by privacy law.  Personal information may also be transferred to another company in the event of a change of control of Enerplus or some form of business combination, merger or joint venture.

Enerplus is committed to safeguarding personal information against unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction..  Personal information will be protected by reasonable administrative, technical, and physical security safeguards that are appropriate to the sensitivity level of the information.  Enerplus will address the need for privacy and security of personal information in job descriptions, contracts, employee interactions and new initiatives.  Access, availability, transmission and destruction of personal information shall be in accordance with this Privacy Policy and all other relevant policies of Enerplus, as amended from time to time.  In the event of an incident involving unauthorized access or disclosure of personal information, Enerplus will provide such notices as are required by law.

Personal information will only be retained for the period of time necessary to fulfill the purpose for which it was collected, or as required for statutory or other legal purposes, after which it will be destroyed or, where appropriate, rendered anonymous.  Upon written request, except where permitted or required by law, individuals will be granted reasonable right of access, review and correction of their personal information.

When making an access request, we may require specific information from you to confirm your identity and right to access to the personal information that we hold.  Enerplus reserves the right to charge you a fee to access your personal information, but we will advise you of any fee in advance.  If you need help in preparing your request, please contact the Privacy Manager.

Enerplus may transfer personal information between the United States and Canada for reasonable employment and business purposes.

In addition, Enerplus may engage service providers located and/or operating outside Canada (“International Service Providers”) for various business purposes including the coordination of travel arrangements, the promotion of Enerplus and the storage of electronic data.  These International Service Providers may be authorized to collect, use, disclose or store personal information outside Canada where necessary.  Enerplus will make efforts to ensure, through contractual and other means, that International Service Providers act in compliance with this Privacy Policy. 

For more information about the international transfer of personal information, contact Enerplus’ Privacy Manager at the phone number and/or email address below.

Enerplus encourages all personnel to comply with this policy and any instances of noncompliance may be subject to disciplinary action, including termination of employment or severance of business relationship.

Interpretation of this Privacy Policy will be conducted by the Chief Privacy Officer and performed in accordance with the Enerplus Privacy Charter. Any inconsistency between this Privacy Policy and applicable federal, state and provincial laws and regulations shall be interpreted to give effect to, and comply with, such laws and regulations.

Examples provided in this Privacy Policy are not exhaustive and therefore the term “including” shall mean “including without limitation”.

This Privacy Policy does not create or confer upon any individual any additional rights, or impose upon Enerplus any additional rights or obligations outside of, or in addition to, any rights or obligations imposed by applicable privacy laws and regulations.

Questions, concerns and access requests may be directed to:

• Enerplus Corporation Attention:
  Brien Perry, Privacy Manager
  3000, 333-7th Avenue SW, Calgary AB, T2P 2Z1
  Phone: (403) 298-8902
  Email: bperry [at] enerplus [dot] com

Enerplus is accountable for all personal information in its possession or custody, including any personal information collected, used or disclosed by or to third parties for processing or other business functions under contract to Enerplus.

Enerplus has established policies and procedures to comply with this Charter, and has designated persons to be accountable for compliance.

Where reasonable, Enerplus will identify the purposes for which it collects, uses or discloses personal information before or when it collects the information.

Enerplus will make reasonable efforts to ensure that clients and staff understand that personal information is being collected about them and used for specified purposes.

Enerplus will obtain appropriate consent from clients, staff and other individuals before or when it collects, uses, or discloses their personal information, unless otherwise permitted or required by law. Consent can be express, implied, or given through an authorized representative. Enerplus will respect an individual’s right to withdraw consent, subject to certain limitations.

Enerplus will endeavor to collect only the optimal amount and type of personal information necessary to meet identified business purposes, and no more.

Enerplus will use and disclose personal information only for the reasons for which it was collected, unless the individual gives consent to use or disclose it for another reason, or it is permitted or required by law.

Enerplus will endeavor to keep personal information only as long as necessary for the identified purposes for which it was collected or to meet certain legal requirements.

Enerplus will make reasonable efforts to keep personal information as accurate, complete and up-to-date as necessary for the identified purposes for which it was collected. Individuals may, in writing, challenge the accuracy and completeness of their personal information and request that it be amended.

Enerplus protects personal information with safeguards appropriate to the sensitivity of the information.

Enerplus is open about the policies and procedures it uses to manage personal information. Clients, staff and other individuals have access to information about these policies and procedures. The information will be made available in a manner that is reasonably easy to understand.

Enerplus will provide individuals with access to their own information when they request it in writing, subject to some legal limitations. In cases where such limitations apply, Enerplus will provide an explanation for restricting access and inform the individual how they can exercise their right to challenge the restriction.

Individuals may challenge Enerplus’ compliance with this Charter. Enerplus shall maintain policies and procedures to receive, investigate, and respond to any complaints and questions.