1. PURPOSE OF OUR POLICY
1.2. Sierra Nevada Gold Inc ARBN 653 575 618 (we, us, our or Company) is a natural resources exploration company.
(a) the operation of our website; and
(b) the normal day-to-day operations of our business.
1.4. We ensure that we comply with the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act).
2. WHO AND WHAT THIS POLICY APPLIES TO?
2.1. We collect Personal Information on our own behalf.
2.3. If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.
3. THE INFORMATION WE COLLECT
3.1. In the course of business, it is necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, our major business functions, activities and purposes and the relevant type of information we may collect include:
(a) Recruitment and human resources management Information. We collect personal information about employees, future employees, recruitment candidates and current and future contractors. This information may include an individual’s
(i) first name, last name, date of birth, contact details (such as email address, phone number residential, business, and postal address and other information that allows us to contact the individual); and
(ii) employment history, qualifications, or certificates of compliance that an individual may hold (or previously held) as issued by an educational institution or a regulatory body where that information is necessary for recruitment and management purposes. We generally collect the above information with the consent of the relevant individual and as provided by the individual during the recruitment process or in the course of their employment or engagement with us.
(b) Shareholder Information. We collect personal information about our shareholders, with their consent and/or as they provide to us in the process of them acquiring securities in the capital of our Company and becoming a shareholder of the Company. If you are a shareholder of our Company, we may collect your name, contact details (such as postal address, email address and phone number). We may also collect your tax file number and bank account details. We use this information to keep you up to date with the Company’s business and operations. We also use this for regulatory reporting and compliance and paying dividends.
(c) Business Partner information. In carrying out our business, we work with various suppliers and business partners and in doing so, we may collect personal information (including name and contact details such as email address and phone number) of their staff. This information is usually used for the purposes of contacting and coordinating with the relevant supplier or business partner for the provision or supply of agreed services.
(d) Statistical Information. When you use our website, we may make a record and log some or all of the following information for statistical or maintenance purposes:
(i) duration of use.
(ii) data level and bandwidth used.
(iii) data level uploaded and downloaded.
(iv) the type of software used; and
(v) your geographical location at the time of access.
(e) Information an individual sends us. We may collect any personal correspondence that an individual sends us.
3.3. We generally do not collect “sensitive information” as it is defined in the Privacy Act (Sensitive Information) (such as information regarding your health or health treatment) unless we are required to do so in order to comply with our legal obligations, including but without limitation our obligations under employment law.
4. HOW INFORMATION IS COLLECTED
4.1. Most information will be collected in a manner described above. However, as there may be other circumstances in which we collect information (both electronically and physically), we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.
4.2. Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a business partner) we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the Australian Privacy Principles.
5. WHEN PERSONAL INFORMATION IS USED AND DISCLOSED
5.1. In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
5.3. We may disclose personal information to affiliated companies, government agencies and other third parties in accordance with this policy and the Australian Privacy Principles.
5.4. We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances.
5.5. Information is generally used to enable us to operate our business and carry out different operational and management functions. This may include:
(a) functions in connection with a person’s recruitment and in managing our relationship with our shareholders and investors;
(b) investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or
(c) as required or permitted by any law (including the Privacy Act).
5.6. In fulfilling the above purposes, we may disclose certain information to third party service providers including:
(a) professional advisors such as lawyers, accountants and auditors;
(b) providers of share registry services; and
(c) IT services companies.
5.7. Other than the above, there are some circumstances in which we must disclose an individual’s information:
(a) where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of; and
(b) as required by any law (including the Privacy Act).
6. CHOOSING TO BE CONTACTED
6.1. An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services and information they access with us. They will be aware of this when:
(a) Opt In: where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
(b) Opt Out: where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
6.2. From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.
6.3. If you believe that you have received information from us that you did not opt in to receive or that you opted not to receive, you should contact us using the details below.
7. SECURING YOUR PERSONAL INFORMATION
7.3. We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
7.4. The security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
7.5. We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
7.6. If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
7.7. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.
8. HOW TO ACCESS AND/OR UPDATE INFORMATION
8.1. Subject to the Australian Privacy Principles, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information within a reasonable period but no later than 30 days of receiving their written request.
8.2. If an individual cannot update their own information, we will correct any errors in the Personal Information we hold about an individual within seven days of receiving written notice from them about those errors.
8.3. It is an individual’s responsibility to provide us (or our agents and representatives) with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.
8.4. We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them.
9. COMPLAINTS AND DISPUTES
9.1. If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below.
9.2. If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.
9.3. If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
10. CONTACTING US
10.1. All correspondence with regards to privacy should be addressed to:
The Privacy Officer
Sierra Nevada Gold Inc
11. ADDITIONS TO THIS POLICY