This website contains “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, which are intended to be covered by the safe harbor created by such sections and other applicable laws. Where a forward-looking statement expresses or implies an expectation or belief as to future events or results, such expectation or belief is expressed in good faith and believed to have a reasonable basis. However, such statements are subject to risks, uncertainties and other factors, which could cause actual results to differ materially from future results expressed, projected or implied by the forward-looking statements. Forward-looking statements often address our expected future business and financial performance and financial condition; and often contain words such as “anticipate,” “intend,” “plan,” “will,” “would,” “estimate,” “expect,” “believe,” “target,” “indicative,” “preliminary,” or “potential.” Forward-looking statements in this website may include, without limitation, (i) estimates of future production and sales; (ii) estimates of future costs applicable to sales and all-in sustaining costs; (iii) estimates of future consolidated and attributable capital expenditures; (iv) estimates of future cost reductions, expenditures and efficiencies; (v) expectations regarding the development, growth and exploration potential of the Company’s operations, projects and investments, including, without limitation, returns, IRR, schedule, decision dates, mine life, commercial start, first production, capital average production, average costs and upside potential; (vi) expectations regarding future investments or divestitures; (vii) expectations regarding future dividends and returns to stockholders; (viii) expectations regarding future mineralization, including, without limitation, expectations regarding reserves and recoveries; (ix) estimates of future closure costs and liabilities; and (x) expectations regarding the timing and/or likelihood of future borrowing, future debt repayment, financial flexibility and cash flow. Forward-looking statements often include words such as “anticipates,” “estimates,” “expects,” “projects,” “intends,” “plans,” “believes” and words and terms of similar substance in connection with discussions of future operating or financial performance. Estimates or expectations of future events or results are based upon certain assumptions, which may prove to be incorrect. Such assumptions, include, but are not limited to: (i) there being no significant change to current geotechnical, metallurgical, hydrological and other physical conditions; (ii) permitting, development, operations and expansion of Newmont Goldcorp Corporation’s (the “Company”) operations and projects being consistent with current expectations and mine plans, including, without limitation, receipt of export approvals; (iii) political developments in any jurisdiction in which the Company operates being consistent with its current expectations; (iv) certain exchange rate assumptions for the Australian dollar or the Canadian dollar to the U.S. dollar, as well as other exchange rates being approximately consistent with current levels; (v) certain price assumptions for gold, copper, silver, zinc, lead and oil; (vi) prices for key supplies being approximately consistent with current levels; (vii) the accuracy of current mineral reserve and mineralized material estimates; and (viii) other planning assumptions. For a more detailed discussion of risks and other factors that might impact future looking statements, see the Company’s Annual Report on Form 10-K filed with the U.S. Securities and Exchange Commission (the “SEC”) as well as the Company’s other SEC filings, available on the SEC website or [www.newmontgoldcorp.com]1 and the Company’s most recent annual information form as well as the Company’s other filings made with Canadian securities regulatory authorities and available on SEDAR or [www.newmontgoldcorp.com]2. The Company does not undertake any obligation to release publicly revisions to any “forward-looking statement,” including, without limitation, outlook, to reflect events or circumstances after the date of this website, or to reflect the occurrence of unanticipated events, except as may be required under applicable securities laws. Investors should not assume that any lack of update to a previously issued “forward-looking statement” constitutes a reaffirmation of that statement. Continued reliance on “forward-looking statements” is at investors’ own risk.
Newmont Goldcorp and You agree as follows:
1. USE OF THE WEBSITE
You may access and use the Website and Website Content (as such term is defined in Section 3 below) solely for lawful purposes and in accordance with the terms of this Agreement. Newmont Goldcorp reserves the right, at any time and in its sole discretion, to modify, suspend, or discontinue the Website (or any portion thereof) with or without notice to You.
2. TERM AND TERMINATION
This Agreement will be effective commencing on the date You first access the Website and will continue in effect thereafter unless terminated as provided in this Section. Newmont Goldcorp may terminate this Agreement immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon notice to Newmont Goldcorp, such termination to be effective 10 business days after the effective date of the notice (determined as set forth in Section 11 below). Upon any termination of this Agreement, all rights granted to You under this Agreement will cease, and You must promptly discontinue all access to any part of the Website and the use of any Website Content. Any provision in this Agreement which, by its general terms, may be reasonably interpreted as being intended to survive, shall survive the expiration or termination of this Agreement for any reason.
3. CONTENT AND MARKS
The text, files, images, graphics, illustrations, information, data, audio, video, photographs and all other content available on the Website or provided from or through the Website, including services (collectively, “Website Content”) are protected by the intellectual property rights of the owners thereof. You acknowledge that the Website Content constitutes valuable property and that, unless otherwise provided in this Agreement or on the Website, as between You and Newmont Goldcorp, all title to and ownership rights in the Website Content remain exclusively with Newmont Goldcorp. Your access to and use of any Website Content is also subject to any other license or other agreement separate from this Agreement that You may enter into (or may have entered into) with any of Us or Our respective licensors (“Our Licensors”) relating to that Website Content (each such license or other agreement, a “Content Agreement”). Except as expressly set forth in this Agreement or any Content Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Website or Website Content, or any intellectual property rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Website or Website Content without the prior written permission of Newmont Goldcorp. You acknowledge that all trademarks, trade names, service marks, logos, banners, and page headers displayed on the Website (collectively, the “Marks”) constitute valuable property and that, unless otherwise noted on the Website, as between You and Newmont Goldcorp, all title to and ownership rights in the Marks remain exclusively with Newmont Goldcorp. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of Newmont Goldcorp or, if otherwise so labeled, the owner of such Mark.
4. POSTINGS AND UPLOADS
The Website may include forums, bulletin boards, chat rooms, or other opportunities through which You may provide or upload Website Content to the Website (“Provided Content”). You may not upload or provide any Provided Content that is: (a) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (b) an infringement or misappropriation of another’s intellectual property rights; (c) illegal in any way or that advocates illegal activity; or (d) an advertisement or solicitation of funds, goods, or services. You represent and warrant to Newmont Goldcorp that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Website, or that You have sufficient rights to grant Newmont Goldcorp the rights discussed in this Agreement. By providing or uploading any Provided Content to the Website, unless otherwise stated in a separate agreement entered into by You and Newmont Goldcorp in connection with Your provision or upload of such Provided Content, You grant Us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form (“Use”). In addition, You waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant Us the right to Use Your name in connection with our Use of such Provided Content.
You will not, and will not permit any third party to, (a) use the Website to harvest or collect e-mail addresses or other contact information of other users from the Website by electronic or other means; (b) use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website; (c) use automated scripts to collect information from or otherwise interact with the Website; (d) use the Website to intimidate or harass any individuals or entities; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of the Website; (f) remove, bypass or circumvent any electronic protection measures on the Website; (g) remove, alter, or obscure any copyright or other proprietary rights notices included on the Website; or (h) upload to the Website or provide to Newmont Goldcorp any code, instruction, or device capable of or intended to access, modify, delete, disable, interrupt, or damage the Website or the operation of the Website, including, without limitation, any viruses, Trojan horses, worms, spyware, traps, back doors, disabling devices or like destructive code or code that self-replicates.
6. CLAIMS OF INFRINGEMENT
Newmont Goldcorp respects the copyrights and other intellectual property rights of users of the Website and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Website without authorization in a way that constitutes copyright infringement, You may give notice thereof to Us at:
Newmont Goldcorp Mining Company
Attn: Communications Department
6363 South Fiddlers Green Circle, Suite 800
Greenwood Village, Colorado USA 80111
Please include the following information in such notice: (a) the identity of the infringed work, and of the allegedly infringing work; (b) Your name, address, daytime phone number, and e mail address, if available; (c) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, the owner’s agent, or the law; (d) a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (e) Your physical signature.
7. REPRESENTATIONS AND WARRANTIES
You hereby represent, warrant, and covenant for the benefit of Us and Our Licensors that: (a) You have the legal right and authority to enter into this Agreement and, if You are entering into this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (b) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with the Website or any of the Website Content; and (c) all information You provide in connection with this Agreement and Your access to and use of the Website and Website Content is correct and current.
8. DISCLAIMER AND LIMITATION OF LIABILITY
Disclaimer. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED BY NEWMONT GOLDCORP “AS IS” and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER WE NOR OUR LICENSORS REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, SOFTWARE, SERVICE, OR OTHER INFORMATION DISPLAYED ON, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE WEBSITE OR THROUGH LINKS ON THE WEBSITE, NOR DO WE CONTROL OR ENDORSE ANY THIRD PARTY CONTENT OR SERVICES WHICH MAY BE ACCESSED THROUGH LINKS POSTED ON THE WEBSITE. YOU UNDERSTAND THAT BY USING THE WEBSITE, YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT, OR OBJECTIONABLE. YOUR ACCESS TO THE WEBSITE IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE AND USE OF THE WEBSITE CONTENT. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, NEWMONT GOLDCORP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE WEBSITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND NEWMONT GOLDCORP’S CONTROL MAY OCCUR FROM TIME TO TIME.
Limitation. IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE WEBSITE OR ANY OF THE WEBSITE CONTENT PROVIDED OR ACCESSED THROUGH THE WEBSITE, EVEN IF WE OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EACH OF OUR AND OUR LICENSORS’ TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY WEBSITE CONTENT IS LIMITED TO US$250.
You will indemnify, defend, and hold harmless Us, Our Licensors, and Our and Our Licensors’ respective employees, agents, contractors, assigns, licensees, and successors in interest (collectively, “Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Website or any Website Content, Your providing or uploading any Provided Content to the Website, or Your breach or alleged breach of any term of this Agreement; provided, however, that the forgoing shall not apply to the extent the same was caused by the Indemnified Party’s own negligence or willful misconduct. Newmont Goldcorp will provide You with notice of any such claim or allegation, and Newmont Goldcorp will have the right to participate in the defense of any such claim at its expense.
10. PRIVACY STATEMENT
(Users in Australia and New Zealand should read the Asia Pacific Privacy Statement for the Privacy Statement applicable to them.)
Personally Identifiable Information. We may collect personally identifiable information (“PII”) from You when You access the Website. We may also collect PII from You through a number of voluntary sources on the Website, such as responses, registrations, comments, e-mails, postings, messages or other electronic or written submissions and communications sent by You to Us or the Website. The PII that We may collect from You may include, by way of example, e-mail address, domain name and IP address, contact information, and username and password information for the Website. The PII that We collect from You may be used to provide Website Content to You, to customize Website Content and/or the layout of the Website for You, to notify You about updates to and activities on the Website, to improve the content of the Website, to analyze data and patterns regarding usage of the Website, and to contact You for information verification purposes. If You would like to review, delete/deactivate, or update any information that You previously provided to Us, You may contact Us at email@example.com.
Disclosure as Required by Law. Although We make reasonable efforts to preserve user privacy, We may need to disclose PII of certain users of the Website when We have a reasonable and good-faith belief that the disclosure is necessary to enforce this Agreement, comply with a judicial proceeding, court order or other legal process, or otherwise enforce or protect Our rights under applicable law, including, without limitation, Our or Our Licensors’ intellectual property rights. In such situations, We will use reasonable efforts to provide notice of the disclosure to all affected users, to the extent reasonably possible under the circumstances.
Other Web Website; Links. Certain of the websites of Newmont Goldcorp’s subsidiaries and other third-party websites may be accessible through the Website. These third party websites may have their own privacy and data collection policies and practices. If You access a Newmont Goldcorp subsidiary or third-party website from the Website, then You do so at Your own risk. Newmont Goldcorp is not responsible for any actions or privacy policies of such other parties. You should check the applicable privacy and data collection policies of those other parties when accessing their websites or providing PII through linked websites.
Consent to the Use of Third Party Providers. We may contract with third parties to provide various Website-related services to Us on an outsourced basis rather than performing the services Ourself. By visiting the Website, You consent to Us providing both Your PII and non-personally identifiable information to these third party providers for the purpose of enabling the third party provider to provide these services to Us. In addition, You consent to the collection, maintenance, and processing of Your PII and non-personal information by Us and these third party providers.
Security. We will use reasonable security measures on the Website to protect against the loss, misuse and alteration of the information under Our control. While there is no such thing as “perfect security” on the Internet, We will take reasonable steps to insure the safety of Your PII and non-personally identifiable information.
Transfer of Information. If We elect, in Our reasonable discretion, to transfer ownership or control of the Website to a third party, whether or not in the context of an acquisition of Newmont Goldcorp or its subsidiary or a merger of Newmont Goldcorp or its subsidiary with a third party, You consent to the transfer of Your PII and non-personally identifiable information by Us to that third party.
Except as expressly stated otherwise in this Agreement, any notices required or allowed under this Agreement will be in writing. Notices will be given to Newmont Goldcorp by postal mail to “Attention Communications” at the Corporate Headquarters address for Newmont Goldcorp listed under the “Contact Us” button on the Website and such notice shall be deemed given five business days after deposit in the postal mail, unless the notice is returned to You as undeliverable. If applicable law requires that Newmont Goldcorp accepts e-mail notices (but not otherwise), then You may send Newmont Goldcorp an e-mail notice by emailing Newmont Goldcorp at firstname.lastname@example.org. With respect to Newmont Goldcorp’s notices to You, Newmont Goldcorp may provide notice by posting them on the Website, which notice shall be deemed given 24 hours after it is posted on the Website, and You will periodically check the Website for such notices. In addition, or in lieu thereof, Newmont Goldcorp may give notice by sending You an e-mail to the e-mail address You provide during registration for the Website. Notices sent by e-mail shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid or the e-mail delivery otherwise failed.
12. GENERAL TERMS
Assignment. You may not assign, delegate or transfer this Agreement or any of Your rights hereunder, by operation of law or otherwise, and any attempt to do so will be null and void.
Integration; Waiver; Construction. This Agreement sets forth the entire understanding of the parties, and supersedes any and all prior oral and written agreements or understandings between the parties, regarding the subject matter of this Agreement. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Severability. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions in any jurisdiction.
Jurisdiction and Venue. This Agreement will be governed by the laws of the State of Colorado, other than such laws, rules, regulations, and case law that would result in the application of laws of a jurisdiction other than the State of Colorado. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Denver, Colorado (USA) and agree that such state and federal courts shall be the exclusive forum for the resolution of any disputes related to, arising out of, or arising under this Agreement. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.
Modifications. We reserve the right, at any time and without notice, to add to, change, update, or modify the Website, the Website Content, and this Agreement, simply by posting such addition, change, update, or modification on the Website. Any such addition, change, update, or modification will be effective immediately upon posting on the Website. If We decide to change the privacy statement in Section 10, unless We seek and receive Your consent, We will continue to use information previously provided to Newmont Goldcorp in accordance with the terms under which the information was last collected.
Intended Beneficiaries. Newmont Goldcorp’s subsidiaries and Our Licensors are intended beneficiaries of all rights specifically running to them pursuant to the terms of this Agreement, with full right and authority to enforce such obligations.
All references to Newmont, ‘we’, ‘us’ or ‘our’ means Newmont Australia Holdings Pty Ltd and its associated entities within the meaning of s 50AAA of the Corporations Act 2001 (Cth).
Newmont respects your privacy and is committed to ensuring that information held by individuals is collected, handled and protected appropriately.
This Privacy Statement outlines how Newmont collects, uses, shares, protects and discloses Personal Information in accordance with the Australian Privacy Principles ( Principles) outlined in the Privacy Act 1988 (Cth) ( Privacy Act). The Privacy Statement does not apply to the management of employee records as they are exempt from the Privacy Act.
- Personal Information means information recorded in any format that identifies or could identify an individual personally, either by itself or together with other information that is available to us and includes Sensitive or Health Information.
- Sensitive Information includes information or an opinion about an individual’s racial or ethnic origin, Health Information, political opinions, philosophical or religious beliefs or affiliations, membership of a political association, trade or professional association or trade association, membership of a trade union, sexual preferences or practices or criminal records.
- Health Information means information or an opinion about the health or disability of an individual.
- Business Purpose means a purpose that is directed at Newmont achieving its business objectives and that complies with all relevant laws and regulations.
- Process means any action(s) taken in relation to personal data including collecting, using, disclosing, recording, organising, storing, transferring, amending, deleting, destroying, retrieving, accessing, hosting or otherwise handling
How Personal Information is collected
We may collect and retain Personal Information about you including when:
- you interact with us by sending us e-mails or other correspondence;
- you complete and submit an online form;
- you apply for a job with us;
- we respond to your queries;
- you use our IT systems; or
- you visit our physical locations (such as our offices, workshops, facilities or mine sites).
If you provide us with someone else’s Personal Information you must ensure they have consented to that information being provided to us for a particular purpose in accordance with the requirements of this Privacy Statement.
Purpose for the collection of Personal Information
The Personal Information which we may Process may include your name, e-mail address, postal address, contact details, identification information and positions held and forms submitted.
Why we collect Personal Information:
We may retain and Process personal data for specific and limited purposes. In particular, we only retain and Process your personal data:
- for a Business Purpose;
- for a related purpose(s) that you would reasonably expect;
- for other purposes that you consent to; or
- in order to comply with our legal obligations.
What we do with your Personal Information when you apply for jobs with us:
If you submit an application for employment or otherwise participate in any recruitment process undertaken by or on behalf of us, we:
- will use Personal Information about you for the purposes of assessing your application for employment including to verify your identity, to conduct screening checks, consider and contact you regarding other positions and to manage our relationship with you,
- may exchange your Personal Information with academic institutions, recruiters, professional bodies and organizations, screening check providers, joint venture partners and referees;
- may retain information as part of our employment application records in order to assess other relevant employment opportunities which may arise within our organization or with our joint venture partners from time to time;
- may use Personal Information to prevent, detect and prosecute fraud and other unlawful activity;
- may conduct research and statistical analysis with the aim of improving our services; and
- may use, retain and disclose Personal Information in order to comply with our legal obligations.
Without your Personal Information we may not be able to consider you for positions with Newmont.
If you are a contractor or a principal, director, officer, employee, sub-contractor, agent or representative of a contractor engaged by us, we may collect, use and disclose your Personal Information for the reasons set out below:
- as may be required by law, for the performance of the contract and for compliance with our policies governing your access to and presence on our sites; and
- to the extent necessary to evidence our compliance with laws, to maintain proper contractual records and to evidence compliance with our policies.
What we do with your Personal Information when you visit our sites:
If you are a visitor to our sites, we may also collect your Personal Information to satisfy our site entry requirements, safety procedures and statutory obligations and we may not be able to do these things without your Personal Information.
How Health Information is collected
In certain circumstances Newmont may collect Health Information by the same means (but not limited to) as listed above. Newmont will not collect Health Information unless reasonably necessary for one or more of its functions and will seek your consent prior to collecting or storing your Health Information.
Additionally, Newmont may collect Health Information indirectly from a health service provider who has assessed or treated you such as:
- a GP or medical specialist;
- a hospital where you have received treatment; or
- a health practitioner (such as a psychologist or physiotherapist).
Purpose for collection of Health Information
To enable us to:
- provide medical assistance and treatment in the event of a medical emergency;
- assess your fitness for work; or
- assess compliance with relevant alcohol and drug testing procedures or policies, we may collect, hold, use and disclose certain Health Information about you.
Use of Health Information
We only hold, use and disclose Health Information about you for the purposes outlined in section above, or for directly related purposes which might be reasonably expected, unless we otherwise obtain your consent.
We may disclose your Health Information outside Newmont and its affiliates to third parties, such as:
- Newmont’s external medical providers;
- Newmont’salcohol and drug testing providers;
- joint venture partners; and
- government agencies (including Centrelink), law enforcement bodies, courts and dispute resolution schemes.
If we use it any way which you might not reasonably expect and which is not directly related to the safety and security of our work locations, we will ask for your consent.
When you visit our website, our servers record:
- your server (IP) address and machine name;
- the date and time of visit to our Website and time spent on particular pages;
- pages accessed and documents downloaded;
- the number of bytes transmitted and received for each request;
- the previous site or page visited;
- the search engine and keywords used;
- any linked referral; and
- the type of browser used and its operating system (collectively called “clickstream data”).
We may examine clickstream data to determine the traffic through the server as well as access levels to specific pages. No attempt will be made to identify you or your browsing activities from clickstream data except in the circumstances specified below.
You can adjust your Internet browser to disable cookies or to warn you when cookies are being used. However, if you disable cookies, you may not be able to access certain areas of our website or take advantage of the improved website experience that cookies offer.
If we or any authority suspect that unauthorized access or use of the Website has occurred or may occur or be attempted, we may gather, use and disclose more extensive information than indicated above regarding access or attempted access to the Website for the purposes of prevention, detection, investigation and/or prosecution.
Our website may contain links to third party sites. These websites should contain their own privacy statements that we recommend that you review. Newmont is not responsible for the privacy practices of these third parties and the content of third party websites.
Sharing your Personal Information
We may share your Personal Information in the following circumstances:
- with Newmont affiliates for employment related or administrative purposes; or
- our joint ventures partners for employment or other administrative purposes; or
- with companies that perform services on our behalf, for example technical infrastructure support or administrative services.
Our service providers are required to use the Personal Information that we share with them only for the purpose for which we provide it to them. They must:
- take appropriate measures to protect the confidentiality, integrity and security of your Personal Information;
- not use or share your Personal Information in a manner that would be inconsistent with this Privacy Statement; and
- comply with all applicable privacy and data protection laws.
If another entity has acquired a Newmont subsidiary, or all or substantially all of the assets of Newmont or a subsidiary (for example in the event of a sale, merger, reorganization, insolvency, dissolution or liquidation) we may transfer your Personal Information to that entity provided that the acquiring entity’s use of information will still be subject to this policy or all applicable privacy and data protection laws.
We may also be required to disclose your Personal Information to:
- comply with a law, regulatory requirement, court order or a subpoena;
- comply with law enforcement or other governmental investigations; and
- protect your and our legal rights, property and safety, our employees, agents and other people.
Management of and access to Personal Information
We will take reasonable measures to ensure Personal Information held about you is accurate, complete and up-to-date. You can assist us to ensure that the Personal Information we hold about you is accurate and up-to-date. We will update any changes or errors in the Personal Information which we hold about you upon receipt of written evidence from you which satisfies us that a correction is required. Any requests for correction of your Personal Information will be completed in a reasonable time period and should be directed to email@example.com.
Depending on the Personal Information you seek, we may ask you to:
- complete an information request form;
- verify your identity in writing; and
- pay a fee if the inquiry involves administrative time or resources.
Once the above steps have been complied with we may provide you with access to your Personal Information if:
- it is practicable for us to do so and we have no other reasonable grounds for refusing access,
- the request is not frivolous or vexatious,
- access will not have an unreasonable impact on the privacy of others,
- the information does not relate to existing or anticipated legal proceedings (other than information accessible through the discovery process),
- access will not reveal our intentions in relation to any negotiations with you,
- access is not unlawful;
- denying access is not required or authorized by law, and
- access will not prejudice any prevention, detection, investigation and/or prosecution of possible unlawful or improper activity.
Destruction and de-identification of Personal Information
If we no longer require Personal Information, we will take reasonable steps to permanently destroy or de- identify that information.
Unsolicited Personal Information
If Newmont has received any unsolicited Personal Information that is not required for a permitted purpose, Newmont will (if lawful and reasonable to do so) destroy the information or ensure that the information is de-identified as soon as practicable.
Protection of Personal Information
We may hold your Personal Information in physical and electronic form both at our premises and with the assistance of our service providers. We implement a range of reasonable physical, technical and organizational controls to manage and protect the security of personal data. We train our staff to handle Personal Information and restrict access where appropriate.
Newmont will take action to mitigate the risk of loss or harm in the event of unauthorised access or disclosure of Personal Information ( Data Breach). If applicable, in the event of a serious eligible data breach, Newmont will report in accordance with legislative requirements to the Office of the Australian Information Commissioner and notify the affected individuals.
Newmont requires its contractors and suppliers to promptly notify Newmont if a Data Breach occurs through notification to the Newmont Privacy Officer through the email address firstname.lastname@example.org.
Cross border disclosure of Personal Information
Newmont is a global company with affiliates located in several countries. Our website and databases currently reside on servers in the USA and other countries and we cooperate with various sub-contracted data processors in countries across the world including Australia, Canada, Ghana, Peru and Suriname. We request data processors to comply with all applicable laws relating to privacy and the disclosure of data.
If you have any concerns or questions about Newmont’s Privacy Statement, please contact our Privacy Officer on email@example.com.
We have a process for dealing with complaints about Newmont’s use, storage and access to Personal Information. If you would like to lodge a complaint or have concerns about how your Personal Information has been handled by Newmont, please contact our Privacy Officer on firstname.lastname@example.org.
Your complaint will be acknowledged upon receipt and we will endeavour to provide a written response within 30 days of our initial acknowledgement.
Updates to this Statement
Our Privacy Statement will be reviewed and amended from time to time at our discretion to take account of changes to new laws, new technology and business requirements.