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Privacy

1. INTRODUCTION
In this Privacy Policy references to we, us or our means Xcoal Energy & Resources, a limited partnership based in the United States, with our headquarters located at One Energy Place, Suite 9000, Latrobe, Pennsylvania 15650, United States.

When we refer to you or your, we mean the individual accessing and using the www.xcoal.com website (the “Website”) and/or using any services that we make available via the Website or otherwise (collectively, the “Services”).

In this Privacy Policy where we use the words personal information we use these words to describe information that may be used to identify you. This Privacy Policy describes the personal information that we collect about you, how we will use such personal information, who we may disclose it to and your rights and choices in relation to your personal information.

We are considered the “data controller” for the purpose of European data protection law with respect to the personal information we collect through your use of the Website and the Services. This is because we dictate the purpose for which your personal information is used and how we use your personal information.

2. WHAT PERSONAL INFORMATION DO WE HOLD ABOUT YOU?
Information You Provide to Us
We collect and use personal information about you in the course of providing the Website and the Services. The information that you provide to us may include the following:

Full name
Company
Job title
Contact information (such as email address, phone number, and mailing address)

We will also collect other information you provide to us. For example, if you submit a message to us via our “Contact Us” form on the Website or via email or phone, then we collect any personal information contained in those communications.

If you apply to a job opportunity with us via our Website, then you will provide us with your resume, which may contain information about your educational and employment background.

This information may be provided:

(a) in the course of communications between you and us (including by phone, email, chat, Website or otherwise);
(b) when you inquire about Services (such as when you complete the online “Contact Us” form on the Website);
(c) when you report a problem with our Website or Services.

If you do not provide the relevant personal information to us, we may not be able to provide the Website and the Services to you.

Information We Collect About You
We may also collect personal information about you through your use of the Website and the Services. This information includes online activity information and technical information about your usage activities, to the extent that such information constitutes personal information.
We collect technical information automatically through your electronic device, such as your IP address (i.e. your computer’s address on the internet), operating system type (e.g., Windows or Mac) and version, internet browser type and version, and language. We also collect information about your use of our Website, for example dates and times of access, time spent on pages and the pages visited. We use this information to ensure that the Website and the Services function properly and to personalize your experience. Please also see additional information on our cookie usage in Section 3 below.

3. HOW DO WE USE COOKIES?
The Website uses cookies to distinguish you from other users of the Website. Cookies are pieces of information stored directly on the device you are using. Cookies allow us to recognize your device and to collect information such as internet browser type, time spent using the Services, and pages visited. This helps us to provide you with a good experience when you browse the Website and also allows us to improve the Website.

We may use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience while using the Services. In addition, we may use the information to gather statistical information about the usage of the Services in order to understand how they are used, continually improve their design and functionality, and assist us with resolving questions about them.

You can refuse to accept the cookies we use by adjusting your browser settings. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Website and some online products. You can find out more about how to manage cookies here: www.allaboutcookies.org/manage-cookies.

4. HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT ABOUT YOU?
We may use your personal information in connection with the provision of the Website and the Services to you. In particular, your personal information may be used by us, our employees, service providers, and disclosed to third parties for the following purposes:

To communicate with you and other individuals
To provide you with the Website and the Services
To notify you about changes to the Website and Services
To audit and monitor usage of the Website
To improve the Website and Services
To manage complaints, feedback and respond to questions
To provide you with information about our company and services

we offer (including details of any services which we believe may be of interest to you) in accordance with your preferences
To comply with any legal or regulatory obligations (including in connection with a court order

For personal information that is subject to the General Data Protection Regulation (the “GDPR”), our legal basis for collecting and using your personal information for the purposes set forth above, except where we state otherwise, is for our legitimate business interests. Where we rely on our legitimate business interests or those legitimate interests of a third party to justify the purposes for using your personal information, this will include:

pursuit of our commercial activities and objectives, or those of a third party;
compliance with applicable legal and regulatory obligations and any codes of conduct;
improvement and development of our business operations and service offering, or those of a third party; or
protection of our business, shareholders, employees and customers, or those of a third party.

5. WHO MAY WE DISCLOSE YOUR PERSONAL INFORMATION TO?

You agree that we may share your personal information with:

Our service providers
Our service providers, suppliers and contractors who help us provide the Website and the Services (for example, our contractors that assist us with marketing activities)

Our professional advisers
Including accountants, lawyers and other professional advisers that assist us in carrying out our business activities

Government authorities and third parties involved in court action
External agencies and organizations (including the police and the relevant local authority) for the purpose of complying with applicable legal and regulatory obligations

Our Affiliates
Including other companies in our ownership group pursuing similar business opportunities in coordination with each other

We may also disclose your personal information to other third parties, for example:

in the event that we sell or buy any business or assets we may disclose your personal information to the prospective seller or buyer of such business or assets;
if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our corporate group), personal information held by us will be one of the transferred assets; and
if we are under a duty to disclose or share your personal information in order to comply with any legal obligation.

6. WHERE WILL WE TRANSFER YOUR PERSONAL INFORMATION?
We are headquartered in the United States and we will process your personal information in the United States. We are a global company operating in many countries, including Brazil, China, India, Japan, South Korea, Singapore, Belgium, Australia, Germany, and Switzerland. If you are located outside of the United States, your personal information may be transferred and stored in the United States.

The United States has not received an “adequacy decision” from the European Commission, which means that the data protection laws of the United States may not offer the same protections as the country in which you reside. If we transfer personal information outside the European Union (EU) or European Economic Area (EEA), we will implement appropriate and suitable safeguards to ensure that such data will be protected as required by applicable data protection law. For further information as to the safeguards we implement please contact inquiries@xcoal.com.

7. HOW WE PROTECT YOUR PERSONAL INFORMATION
We implement a variety of technical and organizational measures to help protect your personal information from unauthorized access, use, disclosure and transfer. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website and any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorized access.

8. HOW LONG WILL WE KEEP YOUR PERSONAL INFORMATION
We will retain your personal information for as long as is necessary for purposes for which it was collected. The precise period will depend on the reason why it was collected. Those periods are also based on the requirements of applicable data protection laws, applicable legal and regulatory requirements and periods relating to the commencement of legal actions.

9. YOUR RIGHTS
If you need to access, correct or update any personal information, please contact us by using the contact details at the end of the Privacy Policy.

The following is a summary of the data protection rights available to individuals located in the EU and the EEA in connection with their personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. You can exercise these rights using the contact details at the end of this Privacy Policy.

To receive a copy of your personal information that we hold about you.
To ask us to correct or delete your personal information.
To restrict our use of your personal information.
To object to our use of your personal information.
To ask us to transfer your personal information to another organization where it is technically feasible.
To withdraw your consent at any time where we rely on consent to use your personal information.
To complain to the relevant data protection authority where you think we have not used your personal information in accordance with data protection law.

10. LINKS TO THIRD PARTY WEBSITES

The Website may contain links to the websites of third parties. We have no control over the content or operation of these websites, nor do we control the confidentiality or privacy practices of the website operators. Consequently, any personal information you submit through such websites is governed by the privacy policies of the websites in question. It is therefore your responsibility to find out about the third party policies in order to protect information that concerns you.

11. NO SERVICES FOR MINORS
We do not knowingly collect information from minors. To use the Website, you must be the age of legal majority in your place of residence. By using the Website, you hereby represent that you are at least the age of legal majority in your place of residence. We do not use an application or other mechanism to determine the age of users of the Website. We will use commercially reasonable efforts to delete information associated with a minor as soon as practicable if we learn that a minor has submitted information to us.

12. NOTE FOR CALIFORNIA RESIDENTS
California law permits California residents who provide us with personal information to request certain information regarding our disclosure of such information to third parties for their direct marketing purposes. We do not, at this time, disclose such information to third parties for their direct marketing purposes. If we change this policy, we will update this provision and provide instructions on how you may make a request for details. If any other state enacts a similar law as the California law, then this provision will also apply to such state.

13. DO-NOT-TRACK DISCLOSURE; THIRD PARTY TRACKING
Certain mechanisms may allow you to send web browser signals, known as “Do Not Track” (“DNT”) signals, indicating your choice to disable tracking on the Website. We do not respond to browser do not track signals at this time. We may not be aware of or able to honor and respond to every such mechanism. More information about “do not track” is available at www.allaboutdnt.org concerning such information.

Third parties, other than our vendors (such as our website analytics provider), do not have authorization from us to track which websites you visited prior to and after visiting the Site. That said, we cannot control third party tracking and there may be some third party tracking that occurs without our knowledge or consent.

14. CHANGES TO OUR PRIVACY POLICY
Any changes we make to this Privacy Policy in the future will be posted on this page. The updated Privacy Policy will take effect as soon as it has been updated or otherwise communicated to you.

15. PRIVACY SHIELD NOTICE
Xcoal Energy & Resources ("we", "us" or "our") provide the www.xcoal.com website (the "Website") and the services available via the Website and otherwise (the "Services")

The Privacy Shield Notice (this "Notice") supplements our Privacy Policy available at https://www.xcoal.com/en/privacy.

This Notice applies to individuals located in the European Economic Area (“EEA”) and Switzerland with respect to the transfer of personal information to the United States. The Notice describes our standards and procedures for handling personal information transferred from the EEA and Switzerland to the United States. In this Notice where we use the words “personal information” we use these words to describe information that may be used to identify you. Unless specifically defined in this Notice, the terms in this Notice have the same meaning given them in our Privacy Policy.

COMPLIANCE WITH THE EU-U.S. AND SWISS-U.S. PRIVACY SHIELD FRAMEWORKS

We comply with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EEA or Switzerland, as the case may be, to the United States. Our affiliates Xcoal Energy & Resources, LLC and XLNG Energy & Resources, LLC also adhere to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. We have certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Scope. Our commitment to the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework covers personal information collected from the EEA or Switzerland and transferred to the U.S., including customer and website visitor data as well as human resources data.

How We Receive Personal Information. We receive and process personal information from the EEA and Switzerland:

Information You Provide to Us

We collect and use personal information about you in the course of providing the Website and the Services. The information that you provide to us may include your full name; company; job title and contact information (such as email address, phone number, and mailing address).

If you apply to a job opportunity with us via our Website, then you will provide us with your resume, which may contain information about your educational and employment background.

This information may be provided:

Information We Collect About You

We may also collect personal information about you through your use of the Website and the Services. This information includes online activity information and technical information about your usage activities, to the extent that such information constitutes personal information.

We collect technical information automatically through your electronic device, such as your IP address (i.e. your computer’s address on the internet), operating system type (e.g., Windows or Mac) and version, internet browser type and version, and language. We also collect information about your use of our Website, for example dates and times of access, time spent on pages and the pages visited. We use this information to ensure that the Website and the Services function properly and to personalize your experience.

Notice. This Notice together with our Privacy Policy available on the Website describes our privacy practices, including who is responsible for the information we collect, the types of information we collect, how we use, share, retain, and protect this information, and the choices you have with respect to its access and use. In addition to the reasons listed in “Who We May Disclose Your Personal Information To” in the Privacy Policy on our Website, we may share your personal information if we are under a duty to disclose or share your personal information in order to comply with any legal obligation and in response by public authorities, including to meet national security or law enforcement requirements.

Choice. You also have the right to opt out of (i) disclosures of your personal information to third parties not identified at the time of collection or subsequently authorized and (ii) uses of personal information for purposes materially different from those disclosed at the time of collection or subsequently authorized. To exercise this right, please see the “Contact Us” section below.

Accountability for Onward Transfer. If we receive personal information subject to our certification under the Privacy Shield and then transfer such information to a third-party service provider acting as an agent on our behalf, we have certain liability under the Privacy Shield if the agent processes such information in a manner inconsistent with the Privacy Shield except when we are not responsible for the event giving rise to the damage. If we transfer personal information outside the EU/EEA or Switzerland, we will implement appropriate and suitable safeguards to ensure that such data will be protected as required by applicable data protection law, including the Privacy Shield Frameworks.

Security. We implement a variety of technical and organizational measures to help protect your personal information from unauthorized access, use, disclosure and transfer. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website and any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorized access.

Data Integrity and Purpose Limitation. We limit collection of personal information to the information that is relevant for the purpose of processing. We retain your information for as long as necessary for the purposes for which it was collected. The precise period will depend on the reason why it was collected. Those periods are also based on the requirements of applicable data protection laws, applicable legal and regulatory requirements and periods relating to the commencement of legal actions.

Access. You have the right to access the personal information we hold about you. If such information is inaccurate or processed in violation of the Privacy Shield Principles, you may also request that such information be corrected, amended or deleted. For additional information on the right to access and other rights available to you under the General Data Protection Regulation (GDPR), including how to exercise such rights, please see the “Your Rights” section of the Privacy Policy on our Website and “Contact Us” section below.

Recourse, Enforcement and Liability.

Our Internal Recourse Mechanism. In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints should first contact us at inquiries@xcoal.com or at the address listed in the “Contact Us” section below. We will respond to your request within a reasonable timeframe, but in no event less than forty-five (45) days after receipt of your complaint.

Independent Recourse Mechanism. If a complaint cannot be resolved through our internal process, we commit to cooperate with the panel established by the EU/EEA data protection authorities (DPAs) or the Swiss Federal Data Protection and Information Commissioner (FDPIC) and will comply with the advice given by the DPAs with regard to personal information transferred from the EU/EEA and with the advice given by the FDPIC with regard to personal information transferred from Switzerland. Such individuals may direct complaints about their personal information to their respective DPA or the FDPIC (as applicable).

Binding Arbitration. You have the right, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms pursuant to the Privacy Shield’s Recourse, Enforcement and Liability Principle and Annex I of the Privacy Shield.

Regulatory Oversight. The Federal Trade Commission has jurisdiction over our compliance with the Privacy Shield.

CHANGES TO THIS NOTICE

We may update this Notice to account for changes consistent with the requirements of the EU-U.S. and/or Swiss-U.S. Privacy Shield Frameworks. Any changes we make to this Notice in the future will be posted on this page. The updated Notice will take effect as soon as it has been posted or otherwise communicated to you. We encourage you to review this Notice for updates each time you use our Services.

16. QUESTIONS/CONTACT US
If you have any questions regarding this Privacy Policy or the way we use your personal information, you can contact us by:

Email: inquiries@xcoal.com
Mail: One Energy Place, Suite 9000, Latrobe, PA 15650
Telephone: +1 (724) 520 1630

This Privacy Policy was last updated on August 15, 2018.