Privacy Policy

Last Updated: December 8, 2021

Introduction

Welcome to the Jetti privacy policy (“Privacy Policy”). Unless otherwise defined in this Privacy Policy, capitalized terms used in this Privacy Policy have the same meanings as in our Website Terms of Use.

Jetti respects your privacy and is committed to protecting your personal information. This Privacy Policy describes how we collect, share and secure your personal information, including when you visit our Website, and your rights regarding the personal information we collect. 

By visiting our Website and/or submitting information, you agree to let us collect and use your personal information as described in this Privacy Policy. Therefore, before you provide us with any personal information, you should read through this Privacy Policy in its entirety and understand its terms. We may update the Privacy Policy from time to time, so please check it occasionally.

This Privacy Policy describes:

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE INFORMATION WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL INFORMATION COLLECTED?
4. HOW WE USE YOUR PERSONAL INFORMATION
5. DISCLOSURES OF YOUR PERSONAL INFORMATION
6. DATA RETENTION
7. DATA SECURITY
8. INFORMATION IF YOU ARE BASED IN THE EU OR UK 
9. GLOSSARY 

Important information and who we are

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how Jetti collects and processes your personal information including through your use of our Website and any data you may provide through our Website, including when you sign up to receive our communications.

It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your personal information. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

Controller

Jetti is made up of Jetti Resources, LLC and a number of other legal entities, including: Jetti Holdings, Inc., Jetti Services LLC, Jetti Services Canada Inc. and Jetti Cobre SpA. When we mention "Jetti ", "we", "us" or "our" in this Privacy Policy, we are referring to the relevant entity in the Jetti group responsible for processing your personal information. Jetti Resources, LLC is the controller and responsible for our Website.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including (if you are based in the EU or UK) any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details

If you have any questions about this Privacy Policy or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity: Jetti Resources, LLC

Email address: privacy@jettiresources.com

Postal address: 2010 8th Street, Boulder, CO 80302, USA

Changes to the Privacy Policy and your duty to inform us of changes

We may modify or update this Privacy Policy from time to time. This version was last updated on the date identified above. Historic versions can be obtained by contacting us. We encourage you to revisit this page often to remain fully informed of our Privacy Policy or you can contact us at any time to obtain the latest copy of this Privacy Policy.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

Third-party links

Our Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share personal information about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy policy of every website you visit.

The information we collect about you

Personal information or personal data, means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to any individual or a household. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows:

• Identity Data includes name or similar identifier.
• Contact Data includes email address and any other information you choose to provide to us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Website.
• Usage Data includes information about how you use our Website.

Marketing and Communications Data includes your preferences and consent in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal information but is not considered personal information in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.

We do not collect any Special Categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

If you fail to provide personal information

Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with a newsletter, goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Children’s privacy

The Website and Jetti’s services are intended for adult use only and are not directed towards children, minors, or anyone under the age of 18. If you are under the age of 13, you are not authorized to provide us with any personal information. If the parent or guardian of a child under 13 believes that the child has provided us with any personal information, the parent or guardian of that child should contact us at the email address below to have this personal information deleted from our files.

How is your personal information collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:
  • inquire about our company, products or services;
  • subscribe to our publications;
  • request marketing to be sent to you; or
  • give us feedback or contact us.
• Automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal information by using cookies and other similar technologies. Please see our Cookie Policy for further details.

Google Analytics

We use cookies provided by Google Analytics to assist us in better understanding our Website visitors. These cookies collect IP address and usage data, such as the length of time a user spends on a page, the pages a user visits, and the websites a user visits before and after visiting our Website. Based on this information, Google Analytics compiles data about Website traffic and interactions, which we use to offer better user experiences and tools in the future. For more information on Google Analytics, visit https://policies.google.com/technologies/partner-sites and https://support.google.com/analytics.

How we use your personal information

We will only use your personal information when the law allows us to.

Marketing

We strive to provide you with choices regarding certain personal information uses, particularly around marketing and advertising.

Third-party marketing

We will get your express opt-in consent before we share your personal information with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us because of a product/service purchase, product/service experience or other transactions.

Cookies

For more information about the cookies we use, please see our Cookie Policy.

Your ‘Do Not Track’ browser setting

Some web browsers incorporate a Do Not Track (“DNT”) feature that signals to the websites that you visit that you do not want to have your online activity tracked. At this time, our Website does not respond to DNT signals. Additionally, please note that other third party websites may keep track of your browsing activities when they provide you with content, which enables them to customize what they present to you on their websites.

Disclosures of your personal information

We may share your personal information with the parties set out below.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Policy. 

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.

Data retention

How long will you use my personal information for?

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In some circumstances we will anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Data security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Information if you are based in the EU or UK

If you are based in the EU or the UK, the provisions of this section will be applicable to you in addition to the information elsewhere in this Privacy Policy. If there is any conflict between the provisions of this section and the rest of this Privacy Policy, the provisions of this section will apply to you.

How we use your personal information

Most commonly, we will use your personal information in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal information.

Generally, we do not rely on consent as a legal basis for processing your personal information although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal information

We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal information where more than one ground has been set out in the table below. 

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer or subscriber	(a) Identity (b) Contact	Performance of a contract with you
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or Privacy Policy (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and our Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant Website content	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications	Necessary for our legitimate interests (to develop our products/services and grow our business)

You will receive marketing communications from us if you have requested information from us or purchased products or services from us and you have not opted out of receiving that marketing.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

International transfers

We share your personal information within Jetti. This will involve transferring your data outside the EU and the UK.

Many of our external third parties are based outside the EU and the UK so their processing of your personal information will involve a transfer of data outside the EU and/or the UK.

Whenever we transfer your personal information out of the EU and/or out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information.
• Where we use certain service providers, we may use specific contracts approved for use in the EU or the UK (as applicable) which give personal information the same protection it has in the EU or the UK respectively.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EU or the UK.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal information. Please click on the links below to find out more about these rights:

• Request access to your personal information
• Request correction of your personal information
• Request erasure of your personal information
• Object to processing of your personal information
• Request restriction of processing of your personal information
• Request transfer of your personal information
• Right to withdraw consent

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Complaints

You have the right to make a complaint at any time to the supervisory authority for data protection issues in the country where you are based. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so, please contact us in the first instance.

Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your personal information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal information where it is necessary for compliance with a legal obligation to which we are subject.

THIRD PARTIES

Internal Third Parties

Other companies in the Jetti group acting as joint controllers or processors of your personal information and who are based in the USA, Chile and Canada and provide IT and system administration services and undertake leadership reporting.

External Third Parties

• Service providers acting as processors based in the USA and the UK who provide IT and system administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the USA, Canada and Chile who provide consultancy and legal services.
• Revenue authorities, regulators and other authorities acting as processors or joint controllers based in the USA, Chile and Canada who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.

Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios:

• If you want us to establish the information's accuracy.
• Where our use of the information is unlawful but you do not want us to erase it.
• Where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.