Parkland Website Terms of Use

The following sets out the terms under which you may access and use Parkland Fuel Corporation's and all of its affiliates ("Parkland") website located at www.parkland.ca and any and all of its affiliates’ websites (the "Parkland Website"), and the information and materials contained therein.  By accessing the Parkland Website, you are agreeing to be bound by these Terms of Use.  If you do not agree with these Terms of Use you may not access or use the Parkland Website or any information or materials contained therein.

These Terms of Use may be changed from time to time, without notice.  It is your responsibility to check for such changes.  If you do not agree with any amendment you must stop using and accessing the Parkland Website.  Your continued access or use of the Parkland Website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse, the Parkland Website or any system resources, services or networks connected to, or accessible through, the Parkland Website. You may only use the Parkland Website for lawful purposes.

Limited License

Subject to these Terms of Use, you are granted a limited license only to display and print the materials and information contained in the Parkland Website for your own personal, non-commercial use, provided that such materials and information are not modified and that copyright and other intellectual property notices are not altered or deleted.  You may not create derivative works from or otherwise reproduce, modify, republish or disseminate any materials or information contained in the Parkland Website in any manner or form whatsoever. Unless you have entered into a separate agreement with Parkland, any other use of such materials or information without Parkland's written permission is prohibited.

Proprietary Rights

The materials and information contained in the Parkland Website are protected under the laws of Canada and of other countries.  Certain words, phrases, names, titles, icons, graphics, designs or logos used on the Parkland Website may constitute trade-marks, service marks or trade-names of Parkland or other entities.  The display of trade-marks, service marks or trade-names on the pages of the Parkland Website does not imply that a license of any kind has been granted to anyone else.  Except as specifically set out herein, you may not use any such trade-marks, service marks or trade-names in any manner whatsoever.

Investment Decisions

THE MATERIALS AND INFORMATION CONTAINED IN THE PARKLAND WEBSITE ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO CONSTITUTE AN OFFERING OF SECURITIES IN ANY JURISDICTION.  Information disclosed under the securities laws of those Canadian jurisdictions applicable to Parkland is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through or on the Parkland Website.  Due to the technical and security risks inherent in the Internet, and because the document you access may differ from the original depending on your browser software, the information set out in the Parkland Website should not be used for the purpose of making investment decisions with respect to Parkland.

IF YOU ARE GOING TO RELY ON ANY INFORMATION CONTAINED IN ANY DOCUMENT THEN YOU MUST OBTAIN THAT DOCUMENT DIRECTLY FROM THE APPROPRIATE SECURITIES REGULATORY AUTHORITIES.  IF YOU NEED CURRENT INFORMATION THEN YOU MUST REFER TO DOCUMENTS THAT HAVE BEEN FILED WITH THE SECURITIES AUTHORITIES.  Such information may be accessed from the website for the System for Electronic Document Analysis and Retrieval (SEDAR) developed for the Canadian securities administrators which is located at www.sedar.com.

Investment Caution

Individual statements appearing in Parkland's securities filings are intended to be read in conjunction with and in the context of the complete documents in which they appear, including any documents incorporated therein by reference thereto, rather than as stand-alone statements. Further, these documents are not intended to be read in conjunction with any other material, including the content of the Parkland Website.

Forward Looking Statements

The Parkland Website contains statements that constitute "forward-looking information" within the meaning of applicable securities legislation including statements that contain words such as "could", "should", "can", "anticipate", "estimate", "propose", "plan", "project", "continue", "expect", "believe", "will", "may" and similar expressions and statements that are not related to historical facts.  In particular, these statements include, among other things, certain statements regarding Parkland's growth strategy; budgets; projected costs; capital expenditures; taxes; internal controls; dividend policy; future financial position; results of operations; plans and objectives; access to capital; sources of funding; business strategy; financial results; and future cash flows of Parkland.

You are cautioned not to place undue reliance on forward-looking information as there can be no assurance that the future circumstances, outcomes or results anticipated in or implied by such forward-looking information will occur or that plans, intentions or expectations upon which the forward-looking information is based will occur.  By its nature, forward-looking information involves numerous assumptions, known and unknown risks and uncertainties, both general and specific, that contribute to the possibility that circumstances, events or outcomes anticipated or implied by forward-looking information will not occur, which may cause the actual performance and financial results in future periods to differ materially from the performance or results anticipated or implied by any such forward-looking information.  Some of the risks and other factors which could cause results to differ materially from those expressed in the forward-looking information contained in this website include, but are not limited to:  retail pricing for motor fuel and margin erosion on account of competitive pricing, seasonal over-supply and lack of responsiveness of retail pricing to changes in crude oil costs; industry capacity; the impact of competitors, namely major integrated oil companies, other commercial fuel and propane marketers, convenience store chains, independent convenience stores, gas station operators, large and small food retailers, discount stores and mass merchants; volatility in crude oil prices and in wholesale petroleum pricing and supply; fuel costs; the occurrence of defaults with respect to the credit Parkland issues; health, safety and environmental risks; dependence on key suppliers; the availability of alternate non-liquid fuel technologies; the reliability of Parkland's electronic systems for recording of sales and accumulation of financial data; Parkland's dependence on qualified operating or management personnel and employees; weather; limited, unfavorable or no access to capital or credit markets; fluctuations in oil and gas prices, foreign currency exchange rates and interest rates; the outcome and effects of completed acquisitions, as well as any future acquisitions; the ability of Parkland to integrate any assets it has acquired or may acquire or the performance of those assets; the assumption of potential liabilities from acquisitions; risks of pending and future legal proceedings and the litigation process; changes in general economic and business conditions; the possibility that government policies or laws may change or governmental approvals may be delayed or withheld; the results of Parkland's risk mitigation strategies, including insurance and any hedging programs; budgets; effectiveness of internal controls; sources of funding and sales of securities of Parkland; Parkland's ability to implement its business strategy; possible volatility of market price of Parkland's securities, the nature of Parkland's issued and outstanding securities; taxes, ability to achieve business objectives and challenges associated with the growth of the business; the stringent requirements of, and the potential for changes to, applicable environmental laws and other regulations affecting Parkland; the impact of leverage, restrictive covenants and capital requirements; limitations on bank borrowing; the investment eligibility of Parkland's securities; plans and objectives of or involving Parkland; and such other risks or factors described from time to time in the reports filed with securities regulatory authorities by Parkland.

Parkland cautions that the foregoing list of risks and uncertainties is not exhaustive. Additional information on these and other factors which could affect Parkland's operations or financial results are included in Parkland's most recent Annual Information Form and Annual Report and certain other filings made with applicable Canadian Securities regulatory authorities.  You can access the Annual Information Form and the Annual Report from the Parkland Website.  In addition, information is available in Parkland's other reports on file with applicable Canadian securities regulatory authorities.

Undue reliance should not be placed on forward-looking information which is based on management's assumptions as at the date such information was provided and is subject to known and unknown risks and uncertainties, including the risks described above, which may cause actual performance and financial results in future periods to differ materially from any predictions of future performance or results expressed or implied by such future-looking information.  Accordingly, you are cautioned that events or circumstances could cause results to differ materially from those predicted.

Forward-looking information is based on the estimates and opinions of Parkland's management at the time the statements are made in light of, and generally consistent with, its historical experience and its perception of historical trends, as well as certain expectations, generally consistent with, and informed by, its past experience, all of which are subject to the risk factors identified above.  Parkland assumes no obligation to update forward-looking information should circumstances or management's estimates or opinions change, except as required by applicable law.

Links to Third Party Websites

Parkland does not control any third party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Linked websites are not part of the Parkland Website. Parkland provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Parkland of the linked website or information contained therein.

Currency of Website

Parkland updates the information and materials on this website periodically.  However, Parkland cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information or materials on this website.  Parkland may revise, supplement or delete information, materials, services and/or the resources contained in this website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Internet E-mail

The Internet is not a fully secure medium and any communication may be lost, intercepted or altered.  Parkland is not liable for any damages related to communications to, or from, the Parkland Website.  You agree with respect to any information provided by you to us through the Parkland Website or via e-mail that:

  • Parkland has no obligation concerning such information;
  • the information is non-confidential;
  • Parkland may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

Internet Software or Computer Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information or materials contained on this website.  Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

Parkland shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the information or materials from this website.   Parkland recommends that you install appropriate anti-virus or other protective software.

Disclaimer of Warranties

THE PARKLAND WEBSITE, AND ALL MATERIALS AND INFORMATION CONTAINED THEREIN, IS PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" AND IS USED BY YOU AT YOUR SOLE RISK.  PARKLAND MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, INCLUDING THOSE IMPLIED BY STATUTE OR LAW, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

IN ADDITION, WITHOUT LIMITING THE FOREGOING, PARKLAND DOES NOT REPRESENT OR WARRANT THAT THE PARKLAND WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.  THE PARKLAND WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  PARKLAND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR LIMITATIONS IN THE OPERATION OF, OR ANY INFORMATION OR MATERIALS CONTAINED IN, THE PARKLAND WEBSITE.

Exclusion of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE PARKLAND WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS OR INFORMATION CONTAINED THEREIN.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARKLAND OR ANY OF ITS SUBSIDIARY ENTITIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER, OR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE PARKLAND WEBSITE, THE MATERIALS OR INFORMATION CONTAINED THEREIN, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, PARKLAND'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEBSITE, THE INFORMATION OR THE MATERIALS CONTAINED THEREIN, IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR PARKLAND TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY PARKLAND, PARKLAND WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIAL FEES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

Indemnification

You agree to indemnify and hold Parkland harmless against all claims or liability asserted against Parkland arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

General

Parkland is headquartered in Alberta, Canada and the Parkland Website is controlled, operated and administered by Parkland from Alberta, Canada. The Parkland Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Alberta, Canada, by accessing the Parkland Website, you acknowledge and agree that all matters relating to these Terms of Use and access to, or use of, the Parkland Website (including any of the materials or information contained therein), and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the Province of Alberta and those of Canada applicable therein (without reference to conflicts of laws principles).  You agree that any legal action or proceeding between you and Parkland which in any way concerns these Terms of Use or the use of the Parkland Website or any materials or information contained therein shall be brought exclusively in the courts of Alberta, Canada.  Any such dispute will be brought on an individual basis, and will not be consolidated in any other proceeding with any claim, controversy or dispute of any other party.  Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against Parkland relating to any such dispute and you also agree to opt out of any class proceedings against Parkland.  Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.

Parkland makes no representation that access to the Parkland Website or that the information contained therein is appropriate or legal in all jurisdictions.  You may not access the Parkland Website or use any information in those jurisdictions where it would be illegal.  In any case, your access to the website is entirely at your own initiative and you are responsible for ensuring that all laws are complied with.

Parkland's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

All references herein to Parkland shall be deemed to include any subsidiary, affiliate, associate or successor of Parkland.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention, ainsi que tous les documents qui s'y rattachent, soient en anglais.

Website Privacy Policy

At Parkland Fuel Corporation and all of its affiliates ("Parkland"), we are committed to maintaining the accuracy, confidentiality and security of your personal information. This Privacy Policy describes the personal information that we collect from or about you, how we use, and to whom we disclose that information.

Parkland has adopted a series of Privacy Policies in order to address the specific privacy concerns of certain groupings of individuals. This Privacy Policy applies to how we collect, use and disclose the personal information of those individuals who visit our website. We have developed other documents that describe our privacy policies and practices with respect to our employees (i.e. our "Employee Privacy Policy") and with respect to our customers, suppliers and other parties with whom we interact.

If you are unsure of which Privacy Policy applies to you, please contact our Privacy Officer at privacyofficer@parkland.ca for more information.

Privacy Policy Effective for Canada

It is Parkland's policy to comply with the privacy legislation within each jurisdiction in which we operate. 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.

What is Personal Information?

For the purposes of this Privacy Policy, personal information is any information about an identifiable individual, other than an individual's business contact information when collected, used or disclosed for the purposes of enabling the individual to be contacted in relation to their business responsibilities.

What Personal Information Do We Collect?

You can visit our website without telling us who you are or revealing sensitive information about yourself, including your e-mail address. Our web server may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page within our website that is viewed by that IP address and what country you are from. We use this information to monitor our website's performance (such as number of visits, average time spent, page views) and for our business purposes such as working to continually upgrade our website.

In addition, we collect the personal information that you submit to our website, such as your name, address and any other contact or other information that you choose to provide by, for example:

  • using the "contact us" portion of this website;
  • applying for a position through this website; or
  • corresponding with a representative of Parkland via e-mail using the hyperlinks created for that purpose.

Where you request information from us, we may use the e-mail address that you provide to send you information about offers on products and services that we believe may be of interest to you. If you have asked us to put you on an e-mail mailing list to provide you with certain information on a regular basis, or if we send you information about our offers on products and services by e-mail, you may ask us to remove you from the list at any time (using the unsubscribe instructions provided with each e-mail and on the site where you signed up).

How Do We Use Cookies?

When you visit the website, we may place 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 our website to identify you and to record your passwords and preferences. The cookie allows us to track your visit to the website so that we can better understand your use of our website so that we 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: (i) 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 (ii) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you may not be able to access a number of web pages found on the website.

What about Links to other Websites?

Our website may contain links to other websites that may be subject to less stringent privacy standards. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites.

Parkland 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.

Why Do We Collect, Use, and Disclose Personal Information?

The personal information collected through our website is used and disclosed for our business purposes, including for those purposes explained in this policy and in our External Privacy Policy.

Your personal information may be shared with our employees, contractors, consultants, affiliates and other parties who require such information to assist us with establishing, maintaining and managing our relationship with you.

We may collect, 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.

Your Consent is Important to Us

By using our website, we assume that you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Officer at privacyofficer@parkland.ca using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer at privacyofficer@parkland.ca. Please note that in some circumstances, withdrawing or changing your consent to certain uses of your personal information may affect: (i) our ability to provide you with the products or services you request; and (ii) your ability to access to this website.

How is Your Personal Information Protected?

Parkland 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, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once this website receives you transmission, we make commercially reasonable efforts to ensure its security on our systems.

The security of your personal information is important to us, please advise our Privacy Officer at privacyofficer@parkland.ca immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our 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 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 your personal information. If you want to review, verify or correct your personal information, please contact our Privacy Officer at privacyofficer@parkland.ca. Please note that any such communication must be in writing. For information on accessing your information, please see our External Privacy Policy.

In the event that we cannot provide you with access to your personal information, we 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 we manage your personal information, please contact our Privacy Officer by telephone, in writing or by e-mail. We 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

We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for our Privacy Officer is as follows:

Privacy Officer
Parkland Fuel Corporation
Riverside Office Plaza, Suite 236, 4919 – 59th Street, Red Deer, Alberta T4N 6C9
Phone: (403) 357-6400
Fax: (403) 352-0042
E-mail: privacyofficer@parkland.ca

Revisions to this Privacy Policy

Parkland from time to time, may make changes to this Privacy 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 Privacy Policy on our website, and we encourage you to refer back to it on a regular basis. This Privacy Policy was last updated on September, 2011.

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our 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 create or confer upon any individual any rights, or impose upon Parkland any rights or obligations outside of, or in addition to, any rights or obligations 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.

External Privacy Policy

At Parkland Fuel Corporation and all of its affiliates ("Parkland"), we are committed to maintaining the accuracy, confidentiality and security of your personal information. This Privacy Policy describes the personal information that Parkland collects from or about you, how we use, and to whom we disclose that information.

Parkland has adopted a series of Privacy Policies in order to address the specific privacy concerns of certain groupings of individuals. This Privacy Policy applies to how we collect, use and disclose the personal information of our customers, suppliers and other parties with whom we interact. We have developed other documents that describe our privacy policies and practices with respect to our employees (i.e. our "Employee Privacy Policy") and with respect those individuals who visit our website. 

If you are unsure of which Privacy Policy applies to you, please contact our Privacy Officer at privacyofficer@parkland.ca for more information.

Privacy Policy Effective for Canada

It is Parkland's policy to comply with the privacy legislation within each jurisdiction in which we operate. 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.

What Is Personal Information?

For the purposes of this Privacy Policy, personal information is any information about an identifiable individual, other than an individual's business contact information when collected, used or disclosed for the purposes of enabling the individual to be contacted in relation to their business responsibilities.

What Personal Information Do We Collect?

We collect and maintain different types of personal information in respect of the 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;
  • credit and financial information such as your direct deposit and banking information; and
  • business relationship information, including information related to your agreements, preferences, advisors and decision-makers, feed-back and information requested by or provided to 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.

Parkland's operations include activities related to the marketing and distribution of fuels; as such, Parkland may also collect personal information from individuals participating in and / or impacted by those activities, including information related to obtaining permits and licenses, emergency planning and environmental stewardship.

As a general rule, Parkland 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).

From time to time, we may utilize the services of third parties and may also receive personal information collected by those third parties in the course of 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.

Why Do We Collect Personal Information?

Parkland collects personal information to enable us to manage, maintain, and develop our operations, including:

  • to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the products and services that have been requested;
  • 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;
  • 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 enable us to undertake our environmental, health and safety activities, including incident planning, response and investigation
  • to protect us against error, fraud, theft and damage to our goods and property;
  • to enable us to comply with applicable law or regulatory process (for example, we may collect personal information to satisfy the obligations imposed on us by our various regulators); and
  • any other reasonable purpose to which you consent.
Monitoring of our Facilities and Equipment

In the course of conducting our business, we may monitor our facilities and equipment. For example, some Parkland locations are equipped with surveillance cameras. These cameras are generally in high risk areas or plant sites.

Where in use, surveillance cameras are there for the protection of employees and third parties, and to protect against theft, vandalism and damage to Parkland goods and property. Generally, recorded 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.

This is not meant to suggest that all individuals visiting our facilities will in fact be monitored or their actions subject to surveillance. It is meant to bring to your attention that such monitoring may occur and may result in the collection of personal information from you.

How Do We Use and Disclose Your Personal Information?

We may use or disclose your personal information:

  • for the purposes described in this Privacy Policy; and
  • for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

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 may share your personal information with our employees, contractors, consultants and other parties who require such information to assist us with managing our relationship with you, including third parties that provide services to us or on our behalf.

For example, some of our third party service providers may provide certain information technology and data processing services to us from time to time so that we may operate our business, and as result, your personal information may be collected, used, processed, stored or disclosed in the United States of America.

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 Parkland or its affiliates 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 Parkland's regular reporting activities to its affiliates;
  • to protect the rights and property of Parkland;
  • during emergency situations or where necessary to protect the safety of a person or group of persons;
  • where the personal information is publicly available; and
  • with your consent.
Your Consent is Important to Us

It is important to us that we collect, use or disclose your personal information where 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 enter into an agreement with us, we 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, we 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 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 Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

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.

You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer at privacyofficer@parkland.ca using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer at privacyofficer@parkland.ca.

We assume that, unless you advise us otherwise, 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?

Parkland will endeavor 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, collection, use, disclosure, copying, modification, disposal or destruction.

The security of your personal information is important to us, please advise our Privacy Officer at privacyofficer@parkland.ca immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our 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 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 your personal information. If you want to review, verify or correct your personal information, please contact our Privacy Officer at privacyofficer@parkland.ca. 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 our Privacy Officer at privacyofficer@parkland.ca.

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 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 we manage your personal information, please contact our Privacy Officer by telephone, in writing or by e-mail. We 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

We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for our Privacy Officer is as follows:

Privacy Officer
Parkland Fuel Corporation
Riverside Office Plaza, Suite 236, 4919 – 59th Street, Red Deer, Alberta T4N 6C9
Phone: (403) 357-6400
Fax: (403) 352-0042
E-mail: privacyofficer@parkland.ca

Revisions to this Privacy Policy

Parkland from time to time, may make changes to this Privacy 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 Privacy Policy on our website http://www.parkland.ca/terms-of-use, and we encourage you to refer back to it on a regular basis. This Privacy Policy was last updated on September, 2011.

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our 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 create or confer upon any individual any rights, or impose upon Parkland any rights or obligations outside of, or in addition to, any rights or obligations 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.

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