Introduction

This website is operated and provided by Patagonia Gold Corp. (“Patagonia “, “we “, “us “, or “our”) having its registered office at Suite 2200, HSBC Building, 885 West Georgia Street, Vancouver, BC V6C 3E8. We are a data controller for the purpose of Data Protection Legislation (as defined below). We are committed to protecting and respecting your privacy and handling your information in an open and transparent manner. This Privacy Policy describes the personal information and data that Patagonia collects from or about you through our website: www.patagoniagold.com and also describes how we use, to whom we disclose and how we otherwise process your personal information. In this Privacy Policy, references to “you” and “your” are references to a user of our website or services.

We require consent where we are collecting, using or disclosing your personal information under Canadian law. Where Canadian law applies to our collection, use or disclosure of your personal information, you agree that, by accessing or using our website, you signify your acceptance of this privacy policy and agree to be bound by its terms. You can withdraw your consent at any time, however, if you choose to do so, we may not be able to provide you with access to or use of our website or related products and services.

Where we are processing your data under the EU General Data Protection Regulation 2016/679 (GDPR) we do not rely on consent and instead rely on other lawful grounds for processing your personal data which are set out here: Lawful grounds for processing your personal data under the GDPR. If you are located in the European Economic Area (EEA) or otherwise believe we are processing your personal data subject to the GDPR, then you have the rights listed here: Your privacy rights under the GDPR.

Personal information is any information about an identifiable individual. In this Privacy Policy, your personal information is sometimes referred to as “personal data“. We may also sometimes collectively refer to handling, using, collecting, protecting, disclosing and storing your personal data as “processing” such personal data.

In this Privacy Policy the term “Data Protection Legislation” means the GDPR, Canada’s Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 together with all other applicable legislation relating to privacy or data protection, including Canadian provincial privacy legislation.

What personal information do we collect you and how do we collect it?

We may collect, record, use and maintain different types of personal information about you in physical and electronic form and will process such personal data in accordance with the Data Protection Legislation and as set out in this Privacy Policy. For example, we collect information that you provide directly to us on or through our website, including when you choose to subscribe to our website newsletter, filling out any forms available on our website, correspond with us by phone, email or otherwise, register on our website for us to contact you or when you report a problem with our website. The types of personal data that we collect directly from you may include:

• identification information such as your name;
• your contact information such as your address, email address and telephone number (or any telephone number used to call our company);
• your location information and demographic information; and
• your reviews of our website, which can be provided at: https://patagoniagold.com/contact-us/.

Patagonia’s may also automatically collect information related to your visit to our website, including your IP address, the device domain used to access our website, the operating system on your device, your device settings, application IDs, the type and version of your browser, crash data, other unique device identifiers, uniform resource locators, clickstreams, interaction information (such as scrolling, clicks, mouse-overs, the website you came from to access our website, the page you entered and exited at (including the methods used to browse away from  our website), any website page within our website that is viewed by your IP address and what country you are from.

Cookies

We may place a “cookie” on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows our website to identify you and to record your passwords and preferences. The cookie allows us to track your visit to our website so that we can better understand your use of our website so that we can customize and tailor our website to better meet your needs. Cookies can be categorized in accordance with the categories found in the ICC UK cookie guide as set out below:

• Strictly necessary cookies – these cookies are essential in order to enable you to move around a website and use its features and enable services you have specifically asked for. Consent is not generally required for these cookies.
• Performance cookies – these cookies collect information about how visitors use a website (for example, by recording which pages or features visitors use most often (usually on an anonymous basis)).
• Functionality cookies – these cookies allow a website to remember the choices a user makes, such as a user name or language preference.
• Targeting or advertising cookies – these cookies collect information about a user’s browsing habits and are usually placed by advertising networks with the website operator’s permission.

Cookies can also be categorized in accordance with how long they are saved on your device: “session cookies” are short-term cookies that are only saved on the device’s memory for the duration of a user’s visit to the website, whereas “persistent cookies” remain saved in the device’s memory for a set period of time, even after the browser session has ended. You can find more information about cookies at http://www.allaboutcookies.org/.

Refusing or restricting cookies

Most web browsers are set to accept cookies; however, you may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. The “Help” or “Internet Settings” functions within your browser should tell you how. Alternatively, you may wish to visit http://www.allaboutcookies.org/ which contains detailed information on cookies and how to delete, restrict or block them on a wide variety of browsers. For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual.

Please be aware that if you select to refuse or restrict cookies you may be unable to access certain parts of our website.

As a general rule, Patagonia collects personal information directly from you. In most other circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you or implied from your actions).

From time to time, we may utilize the services of third parties 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.

Why does Patagonia collect personal information and how we use your personal information?

Our primary purpose in collecting user information is to provide you with a safe, smooth, efficient, and customized experience. We may also use the information that you have provided to ensure that the content on our website is presented in the most effective manner for you and your computer. We also collect and use your personal information to enable us to manage, maintain and develop our operations. For example, we collect and use your information for the following specific purposes:

• to provide you with the information that you request from us; to notify you about changes to our service;
• to ensure that content from our website is presented in the most effective manner for you and for your computer; to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to allow you to participate in, subscribe to or otherwise receive communications from us, including our newsletters;
• to be able to comply with your requests (for example, if you prefer to be contacted at a business or personal telephone number and advise us of your preference, we will use this information to contact you at that number;
• as part of our efforts to keep our website safe and secure and to protect Patagonia against error, fraud, theft and damage to our goods and property;
• to consider your application where you have applied for a position with us;
• to send you our newsletter or updates, or to make suggestions and recommendations to you and other users of our website about services that may interest you or them; and provide you or them with targeted marketing in relation to our services (unless you or they indicate at any time that you or they do not wish us to do so);
• to meet regulatory or contractual requirements relating to our website and/or the services provided to you;
• to enable us to comply will Data Protection Legislation as well as other applicable laws; and
• any other reasonable purpose to which you consent.

By consenting to our collection of your personal information through your access and use of our website and/or services, you allow us to fulfill the purposes for which we collect your personal information.

We may use your personal information: (a) as permitted or required by Data Protection Legislation or other applicable laws; (b) for the purposes of collection described in this Privacy Policy; and (c) for any additional purposes for which we have obtained your consent to the use of your personal information. When requesting your consent, we will make sure you understand why we need the information by using clear, understandable language when we communicate with you and for what purpose the information is used.

We may use your personal information without your knowledge or consent where we are permitted or required by Data Protection Legislation or other applicable laws to do so.

Lawful grounds for processing your personal data under the GDPR

The law permits us to process your personal data in the way that it does because the processing is:

• necessary for the purposes of the legitimate interests that we pursue, which are (i) to run and administer our business; (ii) to discharge our legal obligations to store and disclose information where necessary; (iii) to evaluate, develop and improve our services; (iv) to make sure you receive updated information on Patagonia’s business activities; (v) to allow you to participate in any features on our website when you choose to do so; and (vi) for our own marketing and research; and/or
• necessary in order to comply with a legal obligation to which we are subject.

Sharing your personal information

Patagonia discloses personal information to third parties for the purposes described in this Privacy Policy, including to the following categories of recipients who may receive and process it for the purposes outlined in this Privacy Policy:

• law enforcement and regulatory authorities, auditors, governmental agencies and other similar third parties if we are required by law to do so, or in other limited circumstances (for example, if required by a court order or regulatory authority, or if we believe that such action is necessary to prevent fraud or cyber­crime or to protect our website, our technology assets or the rights, property or personal safety of any person);
• our employees, affiliates, agents, contractors, service providers, vendors, partners, suppliers and other third parties that provide services to us or on our behalf, such as providing you with certain services on our behalf, responding to your inquiries, assisting us with the improvement of our website through analytics and search engine optimization, and/or for any other similar or related purposes.
• other business entities or persons (including successors in interest to Patagonia) and their professional advisors in connection with a proposed or actual purchase, sale (including a liquidation, realization, administration, foreclosure or repossession), lease, license, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all of any portion of Patagonia or any of the business or assets or shares of Patagonia or a division thereof;

Patagonia does not undertake marketing activities for third parties, nor does it provide information to third parties for their own marketing purposes. Patagonia does not otherwise disclose your personal information without your consent, unless we are permitted or required by applicable law or regulatory requirements to do so.

Since we may share your personal information from time to time with third parties, as described in this Privacy Policy, your personal information may be collected, used, stored, disclosed and otherwise processed outside of your jurisdiction of residence, including in Canada and Argentina. As such, your personal information may potentially be accessible to law enforcement and national security authorities of another jurisdiction. If you would like further information about our policies and practices regarding service providers located outside of your jurisdiction and further information about how these service providers, collect, use, disclose, store and otherwise process personal information, please contact our privacy team using the contact details below.

You acknowledge and agree that by providing your personal information to us, you consent to our disclosure of this information to our service providers and other third parties, including those that may be located outside of your jurisdiction, for the purposes described in this Privacy Policy.

Transferring data outside the EEA

Data that you submit via our website is sent to and stored on secure servers owned by or operated for us. Your personal data may be transferred to, and stored at, a destination outside the EEA to a country not deemed to provide adequate protection of your information by the European Commission and may also be processed by staff operating outside the EEA who work for us, or for one of our service providers, related companies, agents or contractors. Such transfers may be made in order to improve our website or to assist in our security or fraud protection activities.

When we, or our permitted third parties, transfer your information outside the EEA, we or they will impose contractual obligations on the recipients of that data to protect your information to the standard required in the EEA. We or they may also require the recipient to subscribe to international frameworks intended to enable secure data sharing. We do not generally rely on your consent as the legal basis for transferring your personal data to outside the EEA, however where we feel it is necessary or appropriate we may seek to rely on your consent as  the legal basis for such processing. Where we do, you may withdraw your consent at any time in the manner described below.

Links to Other Websites

Our website may contain links to other websites that may be subject to less stringent privacy standards. These links are provided for your convenience only and you assume all risk for clicking these links to other websites. Patagonia is not responsible for the privacy policies of third-party websites to which links are provided. You should check the privacy policies on these websites before providing any personal information. This privacy statement relates only to information collected and processed on or through our website.

How we protect your information

Patagonia will endeavour to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. We take your online security seriously and have implemented generally accepted standards of technology and operational security to protect your personal information. Once we have received your information we will ensure that the collection and use of your information is in accordance with Data Protection Legislation. All personnel of Patagonia are required to keep personal information confidential and only authorized persons have access to such information.

Please note, however, that the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your personal information transmitted to us or provided through our website.

How long we keep your information

We will only keep the information we collect about you, through your use of our website or  otherwise, for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us regularly reviewing our files to check that information is accurate, up to date and still required.

Opting Out

You have the option of “unsubscribing” from our mailing list for newsletters, alerts and updates at any time, thereby disabling any further such e­mail communication from being sent to you.

Details of how to unsubscribe will be included on each electronic mailing we send you. Alternatively, just send an email to info@patagoniagold.com with “URGENT – UNSUBSCRIBE REQUEST” in the subject line and the email address that you wish to be removed within the email.

We will action any opt out request from you without delay, and in any event within one month.

If you are located in Canada, we will collect your express consent to our contacting you with any electronic marketing messages before communicating with you in this manner. You will have the opportunity to opt-out of receiving these messages at any time.

Your privacy rights under Canadian privacy laws

You consent is important to us

Where we are collecting, using or disclosing your personal information under Canadian laws, it is important important to us that we do so with your consent. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.

Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavour to advise you of that purpose before such use or disclosure.

You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our privacy team using the contact information set out below. All communications with respect to such withdrawal or variation of consent must be in writing and addressed to our privacy team. If you withdraw or vary your consent, we may not be able to provide you with the products and services you request through our website. For example, if you request that we send you our newsletter, but do not provide the information required for us to send you the newsletter, we will not be able to fulfil your request.

Access to personal information

You can ask to see your personal information. If you want to review, verify or correct your personal information, please contact our privacy team. Please note that any such communication must be in writing.

When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our privacy team.

Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.

Your privacy rights under the GDPR

At any time, you have the right:

• to be informed about the processing of your personal data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third-party sources from it was obtained, confirmation of whether we undertake automated decision-making, including profiling, and the logic, significance and envisaged consequences);
• to request access to or a copy of any personal data which we hold about you; to rectification of your personal data, if you consider that it is inaccurate;
• to ask us to delete your personal data, if you consider that we do not have the right to hold it;
• to withdraw consent to our processing of your personal data (to the extent such processing is based on previously obtained consent);
• to ask us to stop or start sending you marketing messages (e.g. our newsletter) at any time by using the below contact details;
• to restrict processing of your personal data;
• to data portability (moving some of your personal data elsewhere) in certain circumstances; to object to your personal data being processed in certain circumstances; and
• to not to be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data.

Any request for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with Data Protection Legislation. We will comply with our legal obligations as regards your rights as a data subject.

We will correct any incorrect or incomplete information and will stop processing your personal data, or erase it, where there is no legal reason for us to continue to hold or use that information.

We aim to ensure that the information we hold about you is accurate at all times. To assist us in ensuring that your information is up to date, do let us know if any of your personal details change.

Changes to this Privacy Policy

Any changes we make to our Privacy Policy in the future will be posted on this page of our website and, where appropriate, notified to you by e­mail.

We would encourage users to check the Privacy Policy each time they use our website. If our privacy policy changes in any way, we will place an updated version on this page. Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

If we make any material changes we will notify you as required by law, but encourage you to check back often for updates. Your continued use of our website after an update or amendment to this Privacy Policy means that you consent to the collection, use, disclosure, storage and processing of your personal information as described in the updated Privacy Policy.

This Privacy Policy was last updated on September l, 2019 [Note: To be completed]

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our privacy team. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples; therefore, where the word “including” is used, it shall mean “including without limitation”.

This Privacy Policy does not create or confer upon any individual any rights, or impose upon Patagonia any rights or obligations outside of, or in addition to, any rights or obligations imposed by Data Protection Legislation, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Data Protection Legislation (or any other laws, as applicable), this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such laws.

Contacting us

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to our privacy team info@patagoniagold.com. You may also use these contact details if you wish to make a complaint to us relating to your privacy.

If you have any concerns about our use of your information, you also have the right (as a UK resident) to make a complaint to the Information Commissioner’s Office, which regulates and supervises the use of personal data in the UK, via their helpline on 0303 123 1113

**If you choose to communicate with us via email, please be aware that email is not a 100% secure medium for sending any personal or confidential information to us. **