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Policies

General Privacy Policy

Fort McKay Logistics LP and its general partner, Fort McKay Logistics Ltd. (collectively, “Fort McKay Logistics”) recognize the significance of confidentiality and the protection of your personal information and privacy. The policy set out below (the " Policy") sets out our privacy policy and practices with respect to our employees, customers, and suppliers.

  • By providing us with your personal information you authorize and consent to the collection, use, and disclosure of your personal information in accordance with this Policy;
  • Fort McKay Logistics reserves the right to amend this Policy from time to time; you should review it regularly for any changes; and
  • Nothing contained in this Policy is intended to create an agreement between us and you may not rely on the Policy as such.

Personal Information

"Personal Information" means information about an identifiable individual but does not include information that cannot be attributed to an identifiable individual (such as information that is anonymous in nature about a collective group of individuals) or business contact information (such as an individual's name, title, business address, business phone or email address) when such information is collected, used or disclosed for the purpose of business communications.

Types of Personal Information Collected by Fort McKay Logistics

We collect and maintain various types of personal information in respect of individuals. Such personal information includes (but is not limited to):

  • contact and identification information, such as the name, address, telephone number and e-mail address of individuals;
  • service-related information concerning the services that we provide to, or receive from, individuals;
  • credit and financial information such as an individual's payment methods and preferences, as well as billing and credit history; and
  • customer relationship information such as customer service requests and feedback and information requested or provided by or from individuals.

As a general rule, we collect personal information directly from you. From time to time, we may utilize the services of third parties in our business 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.

Collection and Use of Personal Information by Fort McKay Logistics

We aim to make the terms of use and disclosure of your personal information clear and readily available to you. For terms of use and disclosure that are not readily apparent, where practical and required by law, we will inform you of terms when obtaining your consent. There are however limited circumstances where we may use your personal information without obtaining your further consent. For example:

  • using identification and contact information such as your name, address, telephone number and e-mail address to identify you, deliver the services that you request and communicate with you regarding those services;
  • using information about your preferences such as your service requests, comments and feedback so that we are able to deliver our services to you in accordance with those preferences;
  • using personal information for the purpose for which it was provided and certain other activities that are reasonably related to that purpose. For example, where you provide us with personal information for applying for a job, we will use your contact information to contact you if we need further information or if we would like to set up an interview;
  • using your postal and/or e-mail address to give you information about our services and other items (including the services of third parties) that you may be interested in even if that address may have been provided for a different purpose; and
  • analyzing your personal information to assist us in performing market analysis, strategic planning and developing and enhancing our services and website.

Except as otherwise provided in this Policy, we will not use your personal information for any other purpose.

Disclosure of Personal Information by Fort McKay Logistics

Except as otherwise provided in this Policy, we will obtain your explicit or implied consent prior to disclosing your personal information to a third party. There are however limited circumstances where we may disclose your personal information to a third party without obtaining your further consent. These circumstances include (but are not limited to):

  • where we transfer or considering transferring control of any or all of our operations or services to another organization. In which case, we reserve the right to transfer and disclose your personal information to that organization. However, we would require that the organization agree that it will be similarly bound by the provisions of this Policy and that it will only use and disclose your personal information as we are similarly entitled under this Policy;
  • where we amalgamate with another organization. In which case, we reserve the right to permit that amalgamated organization to continue to use and disclose your personal information. However, we would require that the amalgamated organization agree that it will be similarly bound by the provisions of this Policy and that it will only use and disclose your personal information as we are similarly entitled under this Policy; and
  • where we may work with other organizations towards some common purpose consistent with our objectives. In which case, it may be necessary for us to disclose your personal information to these organizations. However, we would require that these organizations agree that they will only use and disclose your personal information as necessary for the common purpose and that they will adhere to the terms of this Policy.

Collection, Use, and Disclosure under Law

In addition to the foregoing, privacy legislation permits or requires the collection, use and disclosure of your personal information without your knowledge or consent in certain specific and limited circumstances. In such circumstances, we reserve the right to collect, use and disclose your personal information without your knowledge or consent. We may also collect, use and disclose your personal information without your knowledge or consent when that personal information is relevant to an actual or potential legal proceeding or when we are required or permitted to do so by court order, applicable law or regulatory requirements.

Your Consent

Except as otherwise provided in this Policy, we will obtain your consent, whether explicit or implied, to use your personal information for a specific purpose. When you provide us with information for a specific purpose and on a voluntary basis, we will assume your implied consent to the collection, use or disclosure of your personal information for that particular purpose. In the event that we wish to use your personal information for a different use, where practical, we will obtain your additional consent. You may change or withdraw your consent at any time on reasonable notice, subject to pre-existing obligations under contract or law, by contacting our Privacy Officer. In the event that you withdraw certain consents, we advise that it may limit the manner in which you can make use of our services and we reserve the right to continue handling your personal information in those circumstances required or permitted by law despite a change or withdrawal of consent.

Security of Personal Information

We recognize our obligation to protect personal information in its possession and will make reasonable arrangements to secure that personal information against unauthorized access. These measures will be reasonable in the circumstance and may include providing access to only those individuals with a need to know the information, locked doors and/or filing cabinets and other physical and electronic security measures as well as contractual measures, such as non-disclosure or confidentiality agreements.

For legal and business purposes, we may retain your personal information for as long as it is reasonably needed. Upon expiry of the appropriate retention period, bearing in mind our reasonable legal and business requirements, your personal information will either be destroyed in a secure manner or made anonymous. You should be aware that there are legally required minimum retention periods, which we must observe.

Accuracy of Your Personal Information and Requests for Correction

Since we use your personal information to provide services to you, or to obtain products and services from you, it is important that the information contained in our records is both accurate and current. If your personal information changes during the course of our relationship, please keep us informed of such changes.

Upon your request, we will correct errors or omissions in your personal information where that information is in our custody or control. We require that all such requests be in writing and signed by you. We may require sufficient information and detail from you in order to verify your identity, properly locate the information and provide a response. If you make such a request, we will either:

  • correct the personal information and, if reasonable to do so, send correction notifications to any third party to whom we disclosed the incorrect information; or
  • decide not to correct the personal information but we will annotate the personal information that a correction was requested but not made.

Contacting or Communicating With Us

If you have any questions with respect to our policies and practices concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our custody and control, please contact our Privacy Officer.

PO Box 5360 Fort McMurray, AB, T9H3G4 Attention: Privacy Officer Email address: privacyofficer@fortmckaygroup.com

Fort McKay Logistics shall be deemed to include any subsidiary, affiliate, associate or successor entitles of Fort McKay Logistics.

Our Website Privacy Policy

Fort McKay Logistics LP and its general partner, Fort McKay Logistics Ltd. (collectively, “Fort McKay Logistics”) recognizes the significance of confidentiality and protecting your personal information and privacy. The Website Privacy Policy set out below (the " Policy") applies to all personal information collected or submitted from individuals who visit our website and describes how such personal information may be used and disclosed. For our privacy policy and practices with respect to our employees, customers, and suppliers, please see our General Privacy Policy.

  • By providing us with your personal information you authorize and consent to the collection, use and disclosure of your personal information in accordance with this Policy;
  • Fort McKay Logistics reserves the right to amend this Policy from time to time; so you should review it regularly for any changes; and
  • Nothing contained in this Policy is intended to create an agreement between us and you may not rely on the Policy as such.

Personal Information

"Personal Information" means information about an identifiable individual but does not include information that cannot be attributed to an identifiable individual (such as information that is anonymous in nature about a collective group of individuals) or business contact information (such as an individual's name, title, business address, business phone or email address) when such information is collected, used or disclosed for the purpose of business communications.

Collection of Personal Information

You can visit our website without sharing any personal information with us. However, 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 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.

Any personal information that you submit to our website, such as your name, address and any other contact or other information may be done by:

  • using the "contact us" section;
  • applying for an employment position;
  • corresponding with one of our representatives via e-mail using the hyperlinks created for that purpose; or
  • other collection / interactive activities.

Where you request information from us, we may use the email address that you provide to send you information about services that may be of interest to you. If you have asked us to put you on an email 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 email, you may request that we remove you from the list at any time.

Use and Disclosure of Personal Information by Fort McKay Logistics

We aim to make the terms of use and disclosure of your personal information clear and readily available to you. For terms of use and disclosure that are not readily apparent, where practical and required by law, we will inform you of such terms when obtaining your consent. There are however limited circumstances where we may use your personal information without obtaining your further consent. For example:

  • using identification and contact information such as your name, address, telephone number and e-mail address to identify you, deliver the services that you request and communicate with you regarding those services;
  • using information about your preferences such as your service requests, comments and feedback so that we are able to deliver our services to you in accordance with those preferences;
  • using personal information for the purpose for which it was provided and certain other activities that are reasonably related to that purpose. For example, where you provide us with personal information for applying for a job, we will review the information provided to assess your suitability for the job. As well, we will use your contact information to contact you if we need further information or if we would like to set up an interview;
  • using your postal and/or e-mail address to give you information about our services and other items (including the services of third parties) that you may be interested in even if that address may have been provided for a different purpose; and
  • analyzing your personal information to assist us in performing market analysis, strategic planning and developing and enhancing our services and website.

Except as otherwise provided in this, we will not use your personal information for any other purpose.

Collection, Use, and Disclosure under Law

In addition to the foregoing, privacy legislation permits or requires the collection, use and disclosure of your personal information without your knowledge or consent in certain specific and limited circumstances. In such circumstances, we reserve the right to collect, use and disclose your personal information without your knowledge or consent. We may also collect, use and disclose your personal information without your knowledge or consent when that personal information is relevant to an actual or potential legal proceeding or when we are required or permitted to do so by court order, applicable law or regulatory requirements.

Use of the Website

When you browse or download information from our website, our servers may collect the certain information for traffic monitoring and statistical purposes. Such information includes (but is not limited to):

  • Internet Protocol (IP) addresses of the computers being used to access our sites;
  • the operating systems and the types and versions of browsers used to access our sites;
  • the Internet Service Providers used by visitors to our sites;
  • the dates and times users access our sites;
  • the pages visited; and
  • the names and sizes of files requested.

This information may be analyzed for operational trends, performance, and for ways to improve our sites. We cannot identify you from this information. Cookies may be used on certain pages of our website. A cookie is a tiny element of data that a website can send to your browser, which may then be stored on your hard drive so the website can recognize you when you return. Cookies allow us to provide you with tailored information and to provide services to you via the internet. If your browser permits, you may set your browser to notify you when you receive a cookie or to reject cookies altogether.

Contacting or Communicating With Us

If you have any questions with respect to our policies and practices concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our custody and control, please contact our Privacy Officer:

PO Box 5360
Fort McMurray, AB, T9H 3G4
Attention: Privacy Officer
Email address: privacyofficer@fortmckaygroup.com

All references herein to Fort McKay Logistics shall be deemed to include any subsidiary, affiliate, associate or successor entitles of Fort McKay Logistics.

Service Terms and Conditions

Thank you for the opportunity to quote on this business. Please save this statement for future reference. We look forward to providing the requested service. Should you have any questions or require pick up arrangements or assistance, your Account Manager or any Customer Service Representative can be reached at:

Acceptance of Terms and Conditions

By requesting a shipment and entrusting Fort McKay Logistics LP ("Fort McKay Logistics") with such shipment, you agree to all the terms and conditions contained on the applicable Bill of Lading and as set out in these terms and conditions (the "Terms and Conditions"). The Term and Conditions shall be binding on both you, the customer, and Fort McKay Logistics. No representative of Fort McKay Logistics or the customer is authorized to alter, modify or waive any provisions of these Terms and Conditions.

All references herein to Fort McKay Logistics shall be deemed to include any subsidiary, affiliate, associate or successor entitles of Fort McKay Logistics.

Fee Quotes

It is your responsibility as the customer to review and verify that all information that you have provided to Fort McKay Logistics for the preparation of any quotes is accurate. If any adjustments need to be made to the quote, please contact us immediately at the phone number or email address noted above.

Quotes issued by Fort McKay Logistics are based on the shipment details provided by you, the customer, and are subject, without notice to you, to the recalculation by Fort McKay Logistics of density, class, applicable taxes, processing fees, surcharges and additional value added services required or requested to complete your shipment. Quotes issued by Fort McKay Logistics are also subject to a fuel surcharge, which changes weekly, for both "less-than-truckload" ("LTL") and "full-load" ("FL") services. All FL quotes are based on availability with the use of dry tandem van equipment.

All trans-border shipments are exclusive of duty, taxes and bond fees, and a "cost plus award fee" ("CPAF") will apply. If your shipment requires heated service, additional freight charges will be applied. Unless specifically requested by a customer, the rates referenced in the quotes do not include the supply or rental of pallets or the supply of heated, refrigerated or other special services.

Quote Guidelines

If the quote issued by Fort McKay Logistics reflects a published tariff lane rate, associated to the account, it will be considered a "rate quote" and will be valid for the duration of the active tariff. Otherwise, the quote will be considered a "spot quote", which is to be billed as prepaid for the shipment requested and is valid for 30 days. A "spot quote" will not be in effect unless the applicable quote number appears on the Bill of Lading when shipping otherwise the shipment will be rated against our general "freight all kind" ("FAK") tariff. If the "spot quote" number is not clearly and legibly identified on the Bill of Lading, a processing fee of $25.00 will apply for any adjustments.

Rates for all services will be quoted in CAD currency unless your customer account has been established otherwise. Rates quoted in CAD currency are subject to change, without notice, based on the applicable exchange rates between CAD and USD currency.

Shipments

All shipments serviced by Fort McKay Logistics are subject to these Terms and Conditions, the terms set out in our Bill of Lading and our standard weight restriction, unless stated otherwise, of 10 lbs/ft3 for the first 10 feet of trailer, and beyond the first 10 feet of trailer, a charge of 1000 lbs per linear foot of total trailer space used will apply.

Liability of Shipment

Unless the shipper has declared a value of the goods on the face of the applicable Bill of Lading, the amount of any loss or damage for which Fort McKay Logistics is liable, whether or not the loss or damage results from negligence shall be the lesser of:

(a) the value of the goods at the place and time of shipment, including freight and other charges if paid, and

(b) $4.41 per kilogram ($2.00 per lbs) computed on the total weight of the shipment.

Fort McKay Logistics will not be liable for freight that is used and/or un-crated, and this freight is to be shipped at the shipper's risk of damage with undeclared value. The shipper represents and warrants to Fort McKay Logistics that all freight has been properly packaged and/or protected for shipping in order to withstand those risks of damages necessarily incidentally to transportation.

Invoicing and Payment

Fort McKay Logistics accepts the following payment methods: credit account or pre-authorized Visa or MasterCard credit card accounts.

All transactions to be charged on account require a credit application and are subject to approval prior to work being completed.

Terms of Credit Account:

  • All issued invoices have payment terms of net 30 days. Any outstanding invoices subsequent to this will incur a 2% per month interest charge to a maximum of 24% per annum until payment is received in full by Fort McKay Logistics.
  • You, the client, hereby authorize Fort McKay Logistics to obtain credit reports or other information deemed necessary in the establishment and maintenance of your credit account.

Invoice Options:

(a) Collect: the consignee pays all shipping charges, and the destination duty and tax, if applicable.

(b) Prepaid: the shipper pays all shipping charges including additional charges. The consignee pays the destination duty and tax, if applicable.

(c) Third Party: the shipper may request that their portion of the shipping charges to be invoiced to an alternative third party. This third party must have a current account with Fort McKay Logistics for this option to apply.

For all invoicing options:

  • the shipper must notify the consignee prior to shipping if any option other than prepaid is selected and the invoicing option must be indicated on the appropriate Fort McKay Logistics pick up record.
  • the shipper is liable for payment in the event of non-payment by the consignee or the alternative party.

Claims

All claims or intents to claim must be made in writing to Fort McKay Logistics. Claims may be submitted to:

Fort McKay Logistics LP
Attention: Claims Department
5744- 67 Avenue Edmonton, AB T6B 3P8
Fax: 780-485-5665
Tel: 780-485-5666
Email: claims@fortmckaygroup.com

The following documents must accompany the claim:

  • Original supplier’s invoice showing the value of the shipment
  • Original Bill of Lading
  • Final proof of delivery
  • Itemized invoice outlining loss or damage to the shipment
  • Copy of original, paid freight bill

Claims must be lodged within the following time periods:

  • Shortage claims
    • Part of shipment lost requires written notification within 60 days
    • Complete shipment lost requires written notification within 9 months
  • Loss or Damage Claims
    • Verbal notification within 24 hours
    • Written notification within 15 days
  • Claims of Concealed Damage
    • Verbal notification within 48 hours of delivery
  • Service Guarantee Claims
    • Verbal notification within 24 hours
    • Written notification within 15 days

The right to any damages against Fort McKay Logistics shall be extinguished unless action is brought within 2 years from the date of delivery of the shipment or from the date of which the shipment should have been delivered. Fort McKay Logistics will not act on any claim until all transportation charges have been paid.

Delay in Deliveries

The customer acknowledges and agrees that Fort McKay Logistics shall be excused for delay in delivery, may suspend performance and shall under no circumstances be responsible to the customer or any third party for failure to fill any order or orders when due to acts of God or of the public enemy, fires, flood, riots, strikes, freight embargoes or transportation delays, shortage of labor, inability to secure fuel, material supplies, or power at current prices or on account of shortages thereof any existing or future laws or acts of any federal or provincial government (including, without limitation, any order, rules or regulations issued by any official or agency of any such government) affecting the conduct of Fort McKay Logistics' business or any cause beyond Fort McKay Logistics' reasonable control).

Special Instructions

Any special instructions required by customer must be specified when requesting a quote and in any event, prior to submission of the shipping request to Fort McKay Logistics and if additional charges apply, Fort McKay Logistics will use reasonable efforts to notify the customer in advance of shipment.

Governing Law

These Terms and Conditions and all proceedings relating thereto will be governed by the laws of the Province of Alberta, and Canada applicable thereto, and the parties hereby specifically attorn to said laws.

Modifications and Waivers

No waiver, alteration or modification of any of the provisions hereof shall be binding on Fort McKay Logistics unless made in writing and agreed to by a duly authorized representative of Fort McKay Logistics. No waiver by Fort McKay Logistics of any one or more defaults by the customer in the performance of any provision of these Terms and Conditions shall operate or be construed as a waiver of any future default or defaults whether of a like or a different character.