Legal and Privacy

Cautionary Statement

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 news release may include, without limitation: (i) estimates of future production and sales, including production outlook, average future production, upside potential and indicative production profiles; (ii) estimates of future costs applicable to sales and all-in sustaining costs; (iii) estimates of future capital expenditures, including development and sustaining capital; (iv) estimates of future cost reductions, full potential savings, value creation, improvements, synergies and efficiencies; (v) expectations regarding the projects, as well as the development, growth and exploration potential of the Company’s other operations, projects and investments, including, without limitation, returns, IRR, schedule, approval and decision dates, mine life and mine life extensions, commercial start, first production, average production, average costs, impacts of improvement or expansion projects and upside potential; (vi) expectations regarding future investments or divestitures; (vii) expectations regarding free cash flow, and returns to stockholders, including with respect to future dividends and future share repurchases; (viii) expectations regarding future mineralization, including, without limitation, expectations regarding reserves and recoveries; (ix) estimates of future closure costs and liabilities, including, without limitation, expectations with respect to water treatment and other costs; (x) expectations regarding the timing and/or likelihood of future borrowing, future debt repayment, financial flexibility and cash flow; and (xi) expectations regarding the impact of the Covid-19 and variants thereof; (xii) expectations regarding the outcome of the strategic alliance with Caterpillar, future development of new equipment and technologies, and achievement of related goals, including, without limitation, the goal of zero carbon emitting systems, targets for CC&V and Tanami and related timelines; and (xiii) expectations related to other energy and climate investments and achievement of targets, including, without limitation, the goals of climate targets of 30% reduction in greenhouse gas emissions by 2030, with an ultimate goal of achieving net zero carbon emissions by 2050. 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 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 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. Uncertainties relating to the impacts of Covid-19, include, without limitation, general macroeconomic uncertainty and changing market conditions, changing restrictions on the mining industry in the jurisdictions in which we operate, the ability to operate following changing governmental restrictions on travel and operations (including, without limitation, the duration of restrictions, including access to sites, ability to transport and ship doré, access to processing and refinery facilities, impacts to international trade, impacts to supply chain, including price, availability of goods, ability to receive supplies and fuel, impacts to productivity and operations in connection with decisions intended to protect the health and safety of the workforce, their families and neighboring communities), the impact of additional waves or variations of Covid, and the availability and impact of Covid vaccinations in the areas and countries in which we operate. Investors are reminded that future dividends have not yet been approved or declared by the Board of Directors, and an annualized dividend payout or dividend yield has not been declared by the Board. Management’s expectations with respect to future dividends are “forward-looking statements” and the Company’s dividend framework is non-binding. The declaration and payment of future dividends remain at the discretion of the Board of Directors and will be determined based on Newmont’s financial results, balance sheet strength, cash and liquidity requirements, future prospects, gold and commodity prices and other factors deemed relevant by the Board. Investors are also cautioned that the extent to which the Company repurchases its shares, and the timing of such repurchases, will depend upon a variety of factors, including trading volume, market conditions, legal requirements, business conditions and other factors. The repurchase program may be discontinued at any time, and the program does not obligate the Company to acquire any specific number of shares of its common stock or to repurchase the full authorized amount during the authorization period. Consequently, the Board of Directors may revise or terminate such share repurchase authorization in the future. 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 and Company's Quarterly Report on Form 10-Q filed with the U.S. Securities and Exchange Commission (the “SEC”), under the heading “Risk Factors", available on the SEC website orwww.newmont.com. 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 news release, 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.

Terms of Use

Newmont Corporation (“Newmont”) operates the website located at www.newmontcanadabuylocal.com (the “Website”). The Website contains content applicable to Newmont and its subsidiaries (collectively, “We” or “Us”). Please carefully read these Terms of Use (this “Agreement”). After reading this Agreement, if you do not agree to be bound by this Agreement, please immediately exit the Website and refrain from accessing the Website again or using any content that you may have obtained from the Website. This Agreement is made between Newmont and the individual accessing and using this Website or, if such individual represents and is using the Website on behalf of a company or other entity, that company or other entity (in either case, “You”).

Newmont 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 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 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, 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, all title to and ownership rights in the Website Content remain exclusively with Newmont. 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. 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, all title to and ownership rights in the Marks remain exclusively with Newmont. 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 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 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 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 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.

5. Conduct

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 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 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 Corporation
Attn: Communications Department
6900 E Layton Ave, Ste 700
Denver, CO 80237

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 “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 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’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.

9. Indemnification

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 will provide You with notice of any such claim or allegation, and Newmont will have the right to participate in the defense of any such claim at its expense.

10. Notices

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 by postal mail to “Attention Communications” at the Corporate Headquarters address for Newmont 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 accepts e-mail notices (but not otherwise), then You may send Newmont an e-mail notice by emailing Newmont at contactus@newmont.com. With respect to Newmont’s notices to You, Newmont 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 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.

11. 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 in accordance with the terms under which the information was last collected.

Intended Beneficiaries. Newmont’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.

Privacy Statement

This is the privacy statement (“Statement”) that governs how Newmont Corporation and its affiliated companies (“Newmont”, “we”, “our” or “us”), use Personal Data (defined below) that is Processed (also defined below) in connection with your (“user”, “you”, or “your”) interaction with us, and how we meet our data protection obligations under the various laws, rules, and regulations to which we are subject as a global company.

Please read this Statement carefully to better understand how we collect, use, store, and disclose (“Process”, “Processed”, “Processing”) Personal Data about you when you engage with us. This Statement addresses how we handle Personal Data which we Process when you engage with us for any reason not related to human resources. Generally, these categories include (but are not limited to): use of our website https://www.newmont.com or any other website or application we operate that links to this Statement (collectively, our “Sites”), and any business engagement, shareholder communication, safety and security interaction, and community engagement (collectively “Interaction”). A separate privacy statement applies to our employees, contractors, job applicants and other personnel – please see our Human Resources-Related Privacy Notice at www.newmont.com/legal for more information.

1. Introduction.

We are committed to respecting privacy and recognize the need for appropriate protection and management of any Personal Data that is Processed by us as part of an Interaction. As used in this Statement, “Personal Data” means any information, either alone or in combination with other information, which relates to an identified or identifiable natural person, which may include “Health Information” and “Special Category Information,” each as defined below. We may collect Personal Data from you directly, or indirectly through document(s) you upload to a Site or through a third-party, as discussed more fully in Section 3, below.

In some circumstances, you may choose whether or not to provide or disclose Personal Data in connection with your Interaction with us. If you choose not to provide the Personal Data we request, you may still visit and use parts of our Sites, but may be unable to access or use certain features, options, programs, products, and services. Due to safety and security concerns, your refusal to provide Personal Data may also prohibit you from entering our physical locations (including, without limitation, our operating sites) and may adversely impact our ability to do business with you or the organization you represent.

Our Sites may contain links to third-party websites, products, services, and advertisements that are not owned or controlled by Newmont. We are not responsible for the privacy practices or the content of those third-party websites, products, services, and advertisements, and you visit them at your own risk.

This Statement applies to, but is not limited to, Personal Data of the following individuals:

  • Visitors to our Sites;

  • Visitors to our operating sites and other physical locations;

  • Representatives of our past, current and prospective customers;

  • Representatives of our past, current and prospective business partners, suppliers, and contractors;

  • Our shareholders and/or their representatives; and

  • Representatives of our joint venture partners and other stakeholders.

2. CATEGORIES OF Personal Data WHICH we MAY collect

Our Interactions with you may require us to Process certain information which may contain Personal Data about you. This includes, but is not limited to:

  • Personal and business demographic information such as name, address, date of birth, citizenship status and similar information;

  • Information related to your professional qualifications, education and training;

  • Information related to travel arrangements if you are visiting our operating sites;

  • Information related to shareholder tax and accounting matters, including tax calculation and withholding, bank information (for payment purposes), and taxpayer identification numbers;

  • Information related to workplace safety, including training, accident and incident reports and investigations, first aid and other medical records, medical and other information related to workers compensation claims, and medical records related to hazardous exposure monitoring;

  • Information collected via machinery or equipment you may operate while onsite at our physical locations; and

  • Biometric data such as photographs, fingerprints and iris scans used for the issuance of security credentials or operator safety monitoring.

In certain circumstances, Newmont may Process Personal Data which includes information regarding your medical history or health (“Health Information”), or other information regarding your racial or ethnic origin, political opinions, philosophical or religious beliefs or affiliations, political, trade or professional associations, trade union memberships, sexual preferences or practices, or criminal records (collectively, with Health Information, “Special Category Information”). Newmont will not collect or Process Special Category Information unless it is necessary to do so, and if we have your consent or another lawful basis to do so under Applicable Data Privacy Laws. We may Process Health Information to:

  • provide medical assistance and treatment in the event of a medical emergency; and

  • otherwise comply with our health and safety obligations (including, without limitation, at our operating sites), or as otherwise required or permitted by applicable law.

3. information Processed BY NEWMONT.

Newmont Processes certain information that may constitute Personal Data in the following ways:

(a) Newmont Business and Operations.

Newmont may collect a range of Personal Data in connection with its business and operations including without limitation, your name, age, gender, job title, photo identification, email address, home or business address, telephone number, information contained within communications with you (including notes from meetings and telephone call recordings), feedback or survey responses, and financial and payment information. If you are visiting our operating sites, we may also ask you to provide Health Information. If you provide us with Personal Data relating to someone else, you must ensure that they have consented to that disclosure or that it is otherwise lawful under Applicable Data Privacy Laws.

(b) Personal Data Collected by Third Parties.

We may use certain third-party service providers to perform certain of our business operations. These providers may collect Personal Data about you in performing their services and/or functions on our behalf. For more information regarding our service providers, their business purposes, and their privacy practices, please review Section 5 of this Statement.

(c) Information Collected Automatically via our Sites.

We collect certain information on our Sites automatically by means of various software tools. Automatically collected information includes:

  • Log Files.
    The information inside the log files includes internet protocol (“IP”) addresses, type of browser, Internet Service Provider (“ISP”), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us.

  • Cookies.
    Our Sites use cookies. A cookie is a small text file that is placed on your computer or mobile device when you visit a website or use an app. Cookies collect information about users and their visit to the website or use of the app, such as their Internet protocol (IP) address, how they arrived at the website (for example, through a search engine or a link from another website) and how they navigate within the website or app. We use cookies and other technologies to facilitate your internet sessions and use of our Sites, track use of our Sites and to compile statistics about activities carried out on our Sites. You may set up your web browser to block cookies or remove cookies stored from your computer or mobile device. However, if you do so, you may not be able to use certain features and functions of our Sites.
    Most modern browsers allow you to change your cookie settings. You can usually find these settings in the options or preferences menu of your browser.

  • Do Not Track Signals.
    Newmont does not track users over time and across third-party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Data about an individual's online activities over time and across third-party websites or online services.

  • Analytics Services. 
    We may use certain third-party analytics services to improve the functionality, features, or delivery of our Sites. We may also use these analytics services to record mouse clicks, mouse movements, scrolling activity, as well as any text that you type into our Sites. For example, we use Google Analytics on our Sites to track user trends and usage. For more information on Google Analytics' processing of Personal Information as it relates to our Sites, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin provided by Google (available at http://www.google.com/ads/preferences/plugin/), you can opt out of Google Analytics.

  • Other Tracking Technologies.
    When you visit our Sites, we may collect your IP address for certain purposes such as, for example, to monitor the regions from which you navigate our Site. We may also use web beacons alone or in conjunction with cookies to compile information about your usage of our Sites and interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular site tied to the web beacon. We may use web beacons to operate and improve our Sites.

4. The Purposes For Which We collect and Use Personal Data.

If you submit, or we collect, Personal Data, then such Personal Data may be used to:

  • Manage and operate our business, including negotiating contracts, managing business relationships with the entity you represent or are employed by, administering real property leases and licenses, managing accounts and records, facilitating payment for goods and services, managing a CRM database, keeping records and audit information relating to our customers and contacts, communicating with you and other third-party contacts, facilitating planned exports in compliance with export control laws, and supporting corporate social responsibility activities;

  • Manage our operating sites, including compliance with security, and health and safety requirements;

  • Manage and administer our shareholder relationships;

  • Provide, analyze, administer, improve, and personalize our Sites;

  • Contact you in connection with events, programs or offerings that you may have registered for;

  • Send you updates and marketing materials;

  • Identify and authenticate your access to the parts of the Sites that you are authorized to access;

  • Administer our Sites and for internal operations, including data analysis and testing;

  • Ensure the technical functionality and security of the Sites;

  • Undertake internal investigations and audits; and

  • Undertake and comply with our legal and regulatory obligations.

Newmont limits the Processing of Personal Data to that which is required for the intended purposes for which it was collected or authorized by the data subject, and takes reasonable steps to ensure that all Personal Data is reliable, accurate, complete and current. Newmont Processes Personal Data in accordance with applicable laws including, without limitation and to the extent relevant, the European Union's General Data Protection Regulation (“GDPR”), the Australian Privacy Principles outlined in the Australian Privacy Act 1988 (“Australian Privacy Laws”), and applicable United States Federal and State laws (collectively, “Applicable Data Privacy Laws”). To the extent relevant under Applicable Data Privacy Laws, Newmont Processes Personal Data under a number of legal bases, including legitimate business interests, necessity for performance of a contract, consent, and compliance with Newmont's legal and regulatory obligations.

5. How We Disclose Personal Data.

We do not sell, lease, rent or otherwise disclose your Personal Data to third parties unless otherwise stated below or with your consent. We may disclose your Personal Data in the following circumstances:

(a) To Our Third-party Providers.

We transfer Personal Data to our third-party service providers to perform certain tasks on our behalf. For example, we may share your Personal Data with service providers who assist us in processing invoices, or to direct a query that you have submitted to the relevant department within Newmont. We also use third parties for technical support of our Sites, application development, tracking and reporting functions, quality assurance, and other services.  These entities are required to protect the confidentiality of this Personal Data and are restricted from using it for any purpose other than as set out in this Statement.

(b) To Our Affiliates and Joint Venture Partners.

We may share your Personal Data with our affiliates and joint venture partners in connection with our business and operational purposes. These entities are required to protect the confidentiality of this Personal Data and are restricted from using it for any purpose other than as set out in this Statement.

(c) In the Event of Merger, Sale, or Change of Control.

We may transfer or assign this Statement and any Personal Data to a third-party that acquires or is merged (or which seeks to acquire or merge with us) with us as part of a merger, acquisition, sale, or other change of control, or which otherwise acquires (or seeks to acquire) all or substantially all of our assets.

(d) Aggregate Information.

We may conduct research on user demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated information with our affiliates, agents and business partners. This aggregate information does not identify a user personally. We may also disclose aggregated information to current and prospective business partners and to other third parties for other lawful purposes.

(e) Other Disclosures.

We may disclose Personal Data about you if we believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our Terms of Use at https://www.newmont.com/legal/, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Newmont or its affiliates and joint venture partners, our users, or the public.

6. Retention, Rectification, destruction and de-identification of Personal Data.

Newmont will take reasonable measures to ensure Personal Data held about you is accurate, complete and up-to-date.  We will update Personal Data promptly if it is determined that such Personal Data has changed or is inaccurate.

We shall retain any Personal Data as long as the Personal Data are needed to: (i) fulfill the purposes that are described in this Statement, or (ii) comply with applicable law.

7. unsolicited personal data

If we receive any unsolicited Personal Data that is not required for a purpose described in Section 5 of this Statement, we will (if lawful and reasonable to do so) destroy the information or ensure that the information is de-identified as soon as practicable.

8. Data Security.

The privacy and security of Personal Data is very important to us. Taking into account the nature, scope, context and purposes of Processing Personal Data as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, Newmont has implemented appropriate technical and organizational measures to ensure and to be able to demonstrate that its Processing of Personal Data is performed in accordance with Applicable Data Privacy Laws. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Data, we cannot guarantee its absolute security. We report known security incidents to both regulators and affected individuals in accordance with Applicable Data Privacy Laws.

9. Children's Privacy.

Our Sites and business operations do not target children and individuals under the age of 18 years of age.

10. Email Communications.

You may choose not to receive future emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us. Additionally, you may send a request specifying your communications preferences to privacy.officer@newmont.com. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact” request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request). You cannot opt out of receiving transactional emails, or other communications related to the operation of our business relationship.

11. Your California Privacy Rights.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of Personal Data about you by Newmont to third parties for the third parties' direct marketing purposes. To make such a request, please send an email to privacy.officer@newmont.com or write to us:

Privacy Officer
6900 E Layton Ave, Ste 700
Denver, CO 80237

12. INTERNATIONAL TRANSFER.

Newmont is an international company with affiliates located in several countries. Our Sites and databases currently reside on servers in the United States and other countries and we cooperate with various sub-contracted data processors in countries around the world, including, but not limited to, our operating sites in Argentina, Australia, Canada, the Dominican Republic, Ghana, Peru and Suriname. Accordingly, Newmont may transfer Personal Data we collect to third parties in countries other than the country in which the Personal Data was initially collected. These countries may not have the same data protection laws that apply to the data subject or in which the Personal Data was initially collected. When we transfer Personal Data to recipients in other countries, we will protect it as described in this Statement. 

13. INDIVIDUAL RIGHTS.

Applicable Data Privacy Laws may give you certain rights with respect to Personal Data. These rights differ by country/region, but may include the right to request:

Privacy Right

Description

Access to your Personal Data

You may have the right to obtain from us confirmation as to whether or not Personal Data concerning you is being processed, and, where that is the case, to request access to the Personal Data. This access information includes the purposes of the processing, the categories of Personal Data concerned, and the recipients or categories of recipient to whom the Personal Data have been or will be disclosed. You may have the right to obtain a copy of the Personal Data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.

Rectification

You may have the right to obtain from us the rectification of inaccurate Personal Data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.

Erasure

You may have the right to obtain from us the erasure of Personal Data concerning you and we may be obliged to erase such Personal Data.

Restriction of Processing

You may have the right to obtain from us a restriction of Processing your Personal Data. In such cases, the respective data will be marked and may only be Processed by us for certain purposes.

Data portability

You may have the right to receive the Personal Data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, and you may have the right to transmit those data to another entity without hindrance from us.

Object

You may have the right to object, on grounds relating to your particular situation, at any time to the processing of your Personal Data by us, and we can be required to no longer process your Personal Data. If you have a right to object and you exercise this right, your Personal Data will no longer be processed for such purposes by us. However, such a right to object may in particular not exist if the processing of your Personal Data is necessary to take steps prior to entering into a contract or to perform a contract already concluded.

(a)   How to Exercise Your Rights.

You may exercise these rights at any time by sending an email to privacy.officer@newmont.com or write to us at:

If you live in the European Union, you may also submit a request to our EU Paris Office at:

Newmont La Source
Attn: Privacy Officer
62 Boulevard Pereire
75017 Paris

Depending on where you live, you may have the right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of your rights concerning your Personal Data. We encourage you to first reach out to us at privacy.officer@newmont.com, so we have an opportunity to address your concerns directly before you do so.

Newmont shall cooperate with the relevant data protection authorities for the purpose of handling any unresolved complaints regarding Personal Data concerns. Personnel may engage their local data protection authority and Newmont shall respond directly to such authorities with regard to investigations and resolution of complaints.

14. Changes to this Statement.

As our organization changes over time, this Statement is expected to change as well. We reserve the right to amend the Statement at any time, for any reason, without notice to you, other than the posting of the amended Statement on our Sites. We may e-mail periodic reminders of our notices and terms and conditions, but you should check our Sites to see the current Statement that is in effect and any changes that may have been made to it.

15. Contacting Us.

Questions, comments or complaints regarding this Statement or Newmont's Processing practices can be mailed or emailed to:

Privacy Officer
Newmont Corporation
6900 E Layton Ave, Ste 700
Denver, CO 80237
privacy.officer@newmont.com

If you live in the European Union, you may also submit a request to our EU Paris Office at:

Newmont La Source
Attn: Privacy Officer
62 Boulevard Pereire
75017 Paris