Privacy Notice

1 About this notice

This notice (the “Privacy Notice”) provides information about how Newpark Drilling Fluids LLC (registration number 800755612, registered in the State of Texas, the United States) and its subsidiary companies (“we”, “us”, “our”) gather and use personal data. We are committed to respecting the confidentiality of the personal data you supply to us and all data will be processed in accordance with the UK General Data Protection Regulation as retained in UK law by the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (“UK GDPR”) and any other applicable data protection and privacy laws in the United Kingdom (collectively, the “Data Protection Laws”) and this Privacy Notice. Newpark Drilling Fluids LLC is the “controller” of your personal data for the purposes of the Data Protection Laws.

You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we are providing you with the information in this Privacy Notice.

If you do not agree with our use of your personal data as set out in this Privacy Notice, you should not submit your personal data to us. However, if you do not wish to submit your personal data, or if you wish to exercise your rights to prevent us using your data, you should be aware that we may not be able to do business with you.

2 Contacting us

Should you have any questions or concerns about this Privacy Notice or how we process your personal data, please contact us at:

By post: FAO: David J. Smith (General Counsel) 21920 Merchants Way, Katy TX 77449 USA

By email: privacy@newpark.com

3 Your rights

You have certain rights in relation to your personal data.

3.1 Your rights in connection with personal data

Under certain circumstances, in accordance with the Data Protection Laws, you have the right to:

· Object to processing of your personal data where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. In some cases we may demonstrate that we have compelling legitimate grounds which override your request. You also have the right to object where we are processing your personal data for direct marketing purposes.

· Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are processing it lawfully.

· Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

· Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see above).

· Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.

· Request the transfer of your personal data to another controller in a machine-readable, commonly used and structured format.

· Withdraw your consent (where we rely on your consent as the lawful basis for processing your personal data). This will not affect the lawfulness of any past processing undertaken on the basis of your consent. Please contact us using the details at section 2 if you want to exercise any of these rights. In most cases these rights are not absolute and are subject to certain exceptions or qualifications.

We will respond to your request within one month of receipt of your request. In some cases we may not be able to fulfil your request to exercise the right before this date, and may need to request more time. Where we cannot provide a full response to you for any reason, we will let you know about this in our initial reply to your request.

3.2 Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your working relationship with us.

3.3 Fees

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). In some cases, we may charge a reasonable fee if your request for access is clearly unfounded or excessive, or if you request multiple copies of the information. Alternatively, we may refuse to comply with the request in such circumstances.

3.4 What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

3.5 Right to complain

If you wish to request further information about any of the above rights, or if you are unhappy with how we have handled your information, please contact us using the contact details in section 2.

If you are not satisfied with our response to your complaint or the exercise of your rights as a data subject, or if you believe our processing of your information does not comply with the Data Protection Laws, you can make a complaint to the relevant data protection authority. In the UK, you can contact the Information Commissioner’s Office at https://ico.org.uk/global/contact-us/ or by calling 0303 123 1113.

4 Information we collect

We may collect and process the following information about you:

Data Description

Identity Data

Basic personal details such as your name and the name of your company.

Contact Data Email, postal addresses, telephone number and any other contact details you supply us with.

Background and CV

Data Data necessary to process an application for employment with us. This may include employment and education history and information required for regulatory purposes, such as criminal record, credit history and bankruptcy checks.

Technical Data Technical information relating to your use of our website (the “Website”), such as your IP addresses, browser and device type and location.

Usage Data Information about how you use our Website, such as how often you access it, how long you spend on it and how you navigate around it.

Cookie Data In relation to your behavioural information (please refer to our Cookies Policy for further information which can be accessed at [insert link]).

Marketing and

Communications

Data Your preferences in receiving marketing from us and your communication preferences.

We will generally collect this information directly from you (for example, where we correspond with you) or from your representatives, colleagues or employer but some information may be collected from other third parties, such as service providers, publicly available resources and public registers.

5 How we use the information we collect

5.1 General uses of information

The information which we collect and what we use it for will depend on the nature of our business relationship with you. We will only use your personal data when we have a lawful basis to do so. Most commonly, we will use your personal data in the following circumstances:

· where we need it to perform the contract we are about to enter into or have entered into with you;

· where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;

· where we need to comply with a legal obligation; and/or

· where you have given us your consent to process the data for a particular purpose (for example to receive marketing communications – see Section 5.3 below).

5.2 Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we may use your personal data, and which of the lawful bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Type of data Purpose/Activity Lawful basis for processing including basis of legitimate interest

· Identity Data

· Contact Data To manage our relationship with you. For the performance of a contract we have entered into with you. To comply with a legal obligation. For our legitimate interests in running our business and keeping our records updated.

· CV and Background

Data To process an application to work for us. For our legitimate interests in administering our recruitment function.

· Usage Data

· Cookie Data

· Technical Data To administer, improve and protect our business and Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). For our legitimate interests in improving our business, keeping our Website updated and relevant, and the administration of IT services and network security.

· Cookie Data

· Technical Data To improve our Website or services or to customise the Website according to your interests. For our legitimate interests in keeping our Website updated and relevant, to develop our business and to inform our marketing strategy.

· Identity Data

· Contact Data

· Marketing and

Communications

Data To send you promotional emails about our products and services. For our legitimate interests in developing our products and services and growing our business. You having provided us with your consent to processing your data for this purpose.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for any other purpose than those already notified to you, we will notify you and we will explain the legal basis which allows us to do so.

5.3 Information for marketing purposes

We use your business contact information, which we maintain in our CRM database, to identify and inform you about products and services that we think may be of interest to you.

We will only send you marketing communications where we are permitted to do so under the Data Protection Laws. This may include situations where you have provided your consent, or where we are marketing similar services or products to those you have previously purchased or enquired about from us, and you have not opted out of receiving such communications.

You have the right to ask us at any time not to send you marketing messages by contacting us using the details in Section 2, and we will cease to send you such communications as mentioned above.

6 Sharing your information

We may share your personal data internally within our group of companies.

Where necessary, we disclose your personal data to third parties that are specifically engaged by us to provide services to us, in which case we require those parties to keep that information confidential and secure and to use it solely for the purpose of providing the specified services to us. This includes the following types of third parties:

· third party service providers to us, such as marketing services providers;

· professional advisers, where necessary, including accountants, auditors, compliance consultants, legal advisers and tax advisers; and

· information technology providers, including providers of CRM systems, and information security providers.

We may also disclose your personal data to law enforcement agencies, government departments, or other competent authorities in the UK or other countries where we are under a duty to do so in order to comply with any legal or regulatory obligation, or if we reasonably consider that this is necessary to help prevent or detect fraud or other crime, or to protect our rights, property, or safety, or that of our customers or others. If we are under a duty to disclose or share your information with HM Revenue & Customs (HMRC) or other tax authorities, we may do so. These authorities may transfer your information to the government or tax authorities in another country where you may be subject to tax. Such disclosure may be made directly to such regulators or competent authorities or made indirectly to our advisers or providers who will make such filings or disclosures on our behalf.

We may also disclose your personal data to a third party where you have consented to us doing so.

7 Where your information is processed

We may transfer, use and/or store your personal data outside of the UK and European Economic Area (“EEA”) and the laws of some of these destination countries may not offer the same standard of protection for personal data as countries within the UK or EEA. It may also be processed by staff operating outside the UK and EEA who work for us or for one of our service providers. Any transfers to third-party service providers would be solely for the purpose of enabling them to use and store your personal data on our behalf. Where your information is transferred to any country outside the UK and EEA, we ensure that this is done using specific legally-approved safeguards. You can request further details and a copy of these safeguards by contacting us using the details in Section 2.

8 Keeping your information

We will keep your information only for as long as necessary depending on the purpose for which it was provided. Details of retention periods for different aspects of your personal data are available in our retention policy which you can request by contacting us.

When determining the relevant retention periods, we will take into account factors including:

· our contractual and business relationships with you;

· legal obligations under applicable law to retain data for a certain period of time;

· statute of limitations under applicable law(s);

· (potential) disputes; and

· guidelines issued by relevant supervisory authorities.

9 Security

We acknowledge that the information you provide may be confidential and will maintain the confidentiality of and protect your information in accordance with our normal procedures and all applicable laws. We employ appropriate technical and organisational security measures to help protect your personal data against loss and to guard against access by unauthorised persons. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

In addition, those employees, agents, contractors and other third parties who process your personal data will only do so on our instructions and they will be subject to a duty of confidentiality.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website. Any transmission is at your own risk. Once we have received your information, we will use procedures and security features to try to prevent unauthorised access.

10 Changes to our Privacy Notice

We reserve the right, at our discretion, to change, modify, add to, or remove portions from, our Privacy Notice. We will of course notify you of any changes where we are required to do so.

11 Website Terms of Use

Please note that use of the Website is governed by the Website’s terms of use (the “Terms”) (which are available [insert link]). By accessing the Website you acknowledge and accept that the Terms are binding on you and agree to abide by the Terms. If you do not agree with any of the provisions of the Terms, please do not access the Website. We, therefore, strongly recommend that you carefully read the Terms before you make any use of the Website.