From time to time, New Gold Inc. and its subsidiaries (together "New Gold") may collect, use and disclose personal information obtained from individuals, including its current and prospective employees. For the purposes of this policy the term “employee” includes contractors and any individual who is on New Gold’s payroll.
This policy outlines New Gold’s practices for collecting, using and disclosing personal information. It is subject to the provisions of applicable privacy laws and does not seek to replace or over-ride those laws. This policy does not impose any limits on New Gold’s collection, use or disclosure of information exempted under applicable privacy laws, including certain publically available information.
Scope of Policy
This policy applies to personal information about individuals and does not apply to the information collected, used or disclosed with respect to corporate or commercial entities.
This policy does not impose any limits on New Gold’s collection, use or disclosure of the information exempted under applicable privacy legislation, including: (a) your name, title, business addresses and business telephone numbers; and (b) certain publicly available information.
Accountability
We have designated a Privacy Officer who is accountable for our compliance with this policy. The Privacy Officer’s contact information is below.
Collection
New Gold may collect your personal information to establish, manage or terminate your employment relationship, and for other purposes authorized or required by law. For example, New Gold may collect your personal information:
- to make hiring or other employment related decisions (including employment history, reference checks, academic history, criminal record checks, credit checks, driving abstracts or other specific background checks as required);
- to administer and maintain payroll, employment benefits, IT accounts and other employee records;
- to authenticate your identity;
- to monitor your compliance with any of your agreements with New Gold and New Gold’s policies, and to administer the provision or receipt of products or services under those agreements;
- to determine eligibility for, provide, administer and document leaves or absences from work;
- to manage or transfer New Gold assets or liabilities, for example in the case of an acquisition, disposition or merger;
- to protect New Gold, yourself and others from fraud and error and to safeguard New Gold’s business interests;
- to collect debts owed to New Gold;
- to comply with legal and regulatory requirements; and
- to assist the Company in any dispute, mediation, arbitration or litigation involving the Company or you in any capacity.
We may collect the above information: from you directly; from your references; and from third parties and other data sources.
New Gold may transfer your personal information across provincial or national borders to fulfil any of the above purposes (including both the necessary and optional purposes), including to service providers located in the United States of America and other countries outside of Canada who may be subject to applicable disclosure laws in those jurisdictions, which may result in that information becoming accessible to law enforcement and national security authorities of those jurisdictions.
Use and Disclosure
Unless authorized or required by law, New Gold will only use or disclose personal information where necessary to fulfil the purposes for which that information was collected.
When your personal information is to be used or disclosed for a purpose not previously identified, the new purpose will be communicated to you before such use or disclosure, and your consent will be sought unless the use is authorized or required by law.
Care and Retention of Personal Information
New Gold has implemented reasonable physical and technical measures to protect personal information that is obtained by New Gold against unauthorized access, collection, use, disclosure, copying, modification or similar risks, and will use appropriate security measures when destroying any personal information.
New Gold will review and update its security controls from time to time to ensure ongoing personal information security.
New Gold may keep personal information it obtains for so long as necessary or appropriate to carry out the purpose(s) for which such information was collected or for such longer period as may be required or permitted by applicable laws and regulations.
Consent
New Gold will obtain your consent to collect, use or disclose personal information except where we are authorized or required to do so without consent. Your consent can be express, implied or given through an authorized representative, such as a lawyer, agent or broker.
Consent may be provided orally, in writing, electronically, through inaction (such as when you fail to notify New Gold that you do not wish your personal information collected/used/disclosed for various purposes after you have received notice of those purposes) or otherwise.
Applicants for employment who have not been hired by us may withdraw their consent to our continued use and disclosure of their personal information by contacting our Privacy Officer using the contact information provided below.
Employees may also withdraw their consent to our continued use and disclosure of certain information for certain purposes, provided that we do not need to continue using or disclosing that information for those purposes. Employees should contact our Privacy Officer if they wish discuss this.
Accuracy
New Gold will take reasonable steps to ensure that all personal information collected, used or disclosed by New Gold is accurate and current.
If you demonstrate the inaccuracy or incompleteness of personal information, New Gold will amend the information as required. If appropriate, we will send the amended information to third parties to whom the information has been disclosed.
When a challenge regarding the accuracy of personal information is not resolved to your satisfaction, New Gold will annotate the personal information under New Gold’s control with a note that the correction was requested but not made.
Access to Personal Information
On written request and authentication of identity, New Gold will provide you with: your personal information under New Gold’s control; information about the ways in which that information is being used; and a description of the individuals and organizations to whom that information has been disclosed. New Gold will make the information available within 30 days or provide written notice where additional time is required to fulfil the request.
All requests should be made in writing to New Gold’s Privacy Officer, the Vice President, Human Resources at: New Gold Inc., Brookfield Place, 181 Bay Street, Suite 3510, Toronto, Ontario, Canada M5J 2T3.
In some situations, New Gold may not be able to provide access to certain personal information. This may be the case where, for example, disclosure would reveal personal information about another individual, the personal information is protected by solicitor/client privilege, the information was collected for the purpose of an investigation or where disclosure of the information would reveal confidential information that, if disclosed, could harm New Gold’s competitive position or reputation. New Gold may also be prevented by law from providing access to certain personal information.
Where an access request is refused, New Gold will notify you in writing, document the reasons for refusal and outline further steps which are available to you.
Questions and comments
New Gold welcomes questions or comments about our Personal Information and Privacy Policy. Question or comments should be directed to New Gold’s Privacy Officer at the address above.
Last update: February 20, 2018.