Phoenix Tailings, Inc. (“we”, “our”, “us”, or “Phoenix Tailings”) is committed to respecting privacy and protecting personal information. Your privacy is very important to us. This privacy notice (this “Notice”) describes how we collect, process, retain, and disclose personal information about you when you interact with our website located at www.phoenixtailings.com and any other of our websites that link to this Notice (collectively, our “Site”), visit our social media accounts, request information about our services, or otherwise contact us through the Site. It does not apply to any information collected by us through any other means. As used on the Site, the terms “you” and “your” mean any person who views, accesses, uses, or obtains information from the Site.
Please read this Notice carefully to understand our policies and practices regarding your personal information and how we will treat it. Please also read our Site terms of use (the “Terms of Use”), which govern access to and use of our Site; the Terms of Use are available on our Site.
1. Your Personal Information
2. Your Legal Rights
3. Cookies and Similar Technologies
4. Choices and Access
5. Do Not Track
6. Data Security
7. Data Retention
8. International Transfers
9. California Residents
10. Children
11. Links to Third-Party Sites
12. Changes to this Notice
13. Contact Information
If you do not agree with our policies and practices, you should stop using our Site. By accessing or using any Site, you agree to this Notice and the Terms of Use. This Notice and the Terms of Use may change from time to time in our sole discretion and without notice. Your continued use of any Site after we make changes is deemed to be acceptance of those changes, so please check this Notice and the Terms of Use periodically for updates.
This Notice is provided to you in accordance with applicable privacy laws and regulations, including, but not limited to, the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) (the “CCPA”), the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), and the UK General Data Protection Regulation and UK Data Protection Act 2018 (collectively, “UK Data Protection Law”).
1. Your Personal Information
Definition of Personal Information
“Personal information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household or, with respect to GDPR and UK Data Protection Law, any information relating to an identified or identifiable natural person. Personal information typically includes an identifier, such as a name, ID number, location data, internet protocol (IP) address, or image. Personal information does not include publicly available information or information that is deidentified or anonymized consistent with applicable privacy laws.
Categories of Personal Information Collected
Depending on how you interact with us, we may collect, use, store and transfer different kinds of information, which we have categorized as follows:
· Contact Information: Information including your name, email address, mailing address, telephone number, and other contact information.
· Communications Information: Information you send to us via our Site (e.g., when you submit a search or information request or complete a form on our Site) or via email messages. If you choose to send us an email message, we may retain the content of the email, your email address, and our response.
· Demographic Information: Information including your age, gender identity or expression, ethnicity, nationality, philosophical beliefs, marital status, or sexual orientation.
· Marketing Information: Information related to your marketing and communications preferences.
· Technical Information: Information including your IP address, the URL of the page you’re visiting, browser type and language, internet service provider or mobile carrier, time zone setting, location, browser plug-in types and versions, operating system and platform, and other technology identifiers and device activities on the devices you have used to access our Site.
· Usage Information: Information including where you hover or click on a website, your interactions with features and content, search queries, date and time of certain actions, data on how you navigate and use our Site, links clicked and videos watched, or browsing history.
· Sensory Information: Information such as images of your government-issued ID or driving license or other authentication information that you submit for identity verification.
Sources of Collected Personal Information
· Information you provide to us. We collect personal information you provide directly to us through our Site, such as when you request information from us through a form, submit a search, or apply for a job.
· Information we collect automatically. As you interact with our Site, we also automatically collect technical data from your computer, mobile device, browser, and software. We use cookies, pixels, web beacons and other similar technologies to improve your experience, analyze our Site traffic, measure the effectiveness of marketing, protect against fraud and abuse, personalize content, and implement certain features and functionality on our Site. Please see Section 3 (“Cookies”) below for more information about our use of cookies.
· Information from other sources. We may also obtain information about you from other sources and combine that with information we collect about you. For example, we may receive reports based on the use of tracking technologies from third parties on an individual and aggregated basis. To the extent we combine such third-party sourced information with the personal information we collect directly from you on our Site, we will treat the combined information as personal information under this Notice. We are not responsible for the accuracy of the information provided by third parties or third-party practices.
Purposes for Collection and Legal Basis
We collect personal information for the following purposes and legal bases:
· To Perform a Contract and Provide Our Products and Services: enhancing, improving, maintaining, or modifying our products and services, performing our contractual obligations, communicating with you, responding to your inquiries, fulfilling your requests, and sending administrative information to you.
· For Our Legitimate Business Interests:
§ Marketing and Improving Our Products and Services: sending you marketing communications and information and analyzing preferences and trends to personalize our interactions with you.
§ Security: To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity.
§ Other: managing our everyday business needs, website administration, trend analysis, financial analysis, creating anonymous, deidentified, or aggregate data, and other customary internal purposes, such as benchmarking, reporting or quality assurance purposes, ensuring the security of our websites, networks and systems, and premises, protecting us against fraud, and effecting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
· To Comply with Our Legal Obligations: compliance with corporate governance, audit, reporting, and legal requirements, establishing, exercising or defending a legal claim, cooperation with governmental authorities and law enforcement, and responding to requests to exercise your rights under applicable laws (e.g., right to access or delete).
· Based on Your Consent: in some jurisdictions, applicable law may require us to request your consent to use your personal information in certain contexts.
Disclosures of Personal Information
We do not sell personal information or share it for cross-context behavioral advertising.
We may disclose personal information to third parties who provide us services for the purposes described above. We may also disclose personal information to our affiliates or to others when required or authorized by law.
We do not allow our service providers to use your information for their own marketing or other purposes. Further, we require our service providers to provide written assurances regarding the security and privacy protections they have in place to protect any personal information transferred or disclosed to them, as well as their compliance with our security requirements and any applicable laws and regulations.
Third parties to whom we may disclose personal information include:
· Third-party service providers (e.g., for administration and maintenance of IT systems, marketing providers, analytics providers, etc.);
· Third parties that assess our compliance with industry standards and requirements;
· Regulatory authorities and law enforcement;
· Our affiliates;
· A buyer or seller in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding; or
· Professional advisors including lawyers, bankers, auditors, and insurers.
2. Your Legal Rights
Depending on your residency or location, you may be entitled to the following rights with respect to personal information about you, subject to certain exceptions under applicable law:
· Right to access/know. You have the right to know and request information about the categories and specific pieces of personal information we have collected about you, including inferences, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold or disclosed your personal information, including the categories of third parties, or specific third parties, to whom we have sold personal information and the categories of the personal information sold.
· Right to correct/rectification. You have the right to request correction or rectification of any inaccurate information we hold about you. We may not be able to accommodate your request if we believe it would violate any law, any legal requirements, or cause the information to be incorrect. Information solely retained for data backup purposes is generally excluded.
· Right to delete/erasure. You have the right to request the deletion or erasure of your personal information.
· Right to withdraw consent. You have the right to withdraw your previously given consent if such was the basis for our processing of your personal information.
· Right to restriction of processing. You have the right to request that we restrict processing of your personal information.
· Rights related to sensitive personal information.
§ Right to limit use and disclosure of sensitive personal information. We do not process sensitive personal information beyond what is reasonably necessary to provide our services and for the purposes described above.
§ Right to opt-in to processing of sensitive personal information, including personal information of a known child. Depending on your jurisdiction, you may have the right to opt-in to the processing of your sensitive personal information. We do not process sensitive personal information of a known child. To the extent you do not have the right to opt-in, you may have the right to opt-out.
· Right to opt-out of the sale or sharing of personal information, including for purposes of targeted advertising. As indicated above, we do not sell personal information or share personal information with third parties for cross-context behavioral advertising, nor do we intend to, as those terms are defined in the CCPA and other applicable state privacy laws. We also have not done so for the last 12 months.
· Right to portable data. You have the right to obtain personal information about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another entity without hindrance.
· Right to non-discrimination and non-retaliation. You have the right not to be discriminated or retaliated against for exercising any of the above-listed rights.
· Right to appeal. Depending on your jurisdiction, you may have the right to appeal our decision regarding a request by email at legalnotices@phoenixtailings.com. Please use the same email address that you used to submit the initial privacy rights request when you submit your Request to Appeal and please add “Request to Appeal” in the subject line of the email. If you do not use the same email address, we cannot link your request to appeal to your initial privacy rights request.
Further, California law permits California residents to request—from a business with whom the California resident has an established business relationship—certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year.
In some situations, we may refuse to act, charge a reasonable fee, or impose limitations on your rights if, for instance, your request is likely to adversely affect the rights and freedoms of us or others, prejudice the execution or enforcement of the law, interfere with pending or future litigation, or infringe applicable law.
If your personal information is governed by GDPR or UK Data Protection Law, please contact us first at the information provided in Section 13 (“Contact Information”) with any requests, inquiries, or complaints regarding our handling of personal information; however, in all cases, you have a right to file a complaint with the applicable data protection authority.
Data solely retained for data backup purposes is principally excluded from these rights until it is restored to an active system or next accessed or used for a sale, disclosure, or commercial purpose. These rights also do not apply to pseudonymous data if the information necessary to identify the individual is kept separately and is subject to controls that prevent access to the information. Pseudonymous data is personal information that can no longer be attributed to a specific individual without the use of additional information, if the additional information is kept separately and is subject measures to ensure that personal information is not attributed to the specific individual.
3. Cookies and Similar Technologies
When you interact with our Site, we may use a variety of technologies to automatically collect information about you. These include:
· Cookies: A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to “remember” your actions or preferences over time. Cookies are widely used in order to make websites work, or to work more efficiently, as well as to provide reporting information. Some cookies are strictly necessary for the functioning of our Site.
· Session replay technologies: Tools that may record how you interact with our Site (such as clicks, scrolling, and navigation) to help us diagnose issues, analyze usage, and improve your experience.
· Local storage and similar technologies: Web browsers may also use local storage (including HTML5 local storage and caches) and software development kits (“SDKs”) to save information directly on your device. These technologies are often used to remember settings, speed up performance, or support application functionality. SDKs may also recognize you across devices, collect data on your interactions with our Site, and we may use SDKs for analytics.
· Device and browser fingerprinting: In some cases, we may use technical information about your browser, device, or network (such as fonts, screen resolution, or plug-ins) to help recognize your device for security or analytics purposes.
These cookies and similar technologies may be deployed by us directly, our business partners, or third-party analytics providers, either on our behalf or for their own purposes. They may be used to deliver information to you or about you and to connect information about you across different sources, websites, devices, and applications.
Why do we use cookies and similar technologies?
We use cookies to learn how you interact with our content and to improve your experience when visiting our Site. For example, some cookies remember your preferences and where you left off so that you do not have to repeatedly make these choices when you visit our Site.
What types of cookies do we use?
Third-party cookies belong to and are managed by other parties. These cookies may be required to render certain forms, such as email list sign-up. Session cookies are temporary cookies that are used to remember you during the course of your visit to our Site, and they expire when you close the web browser. Load-balancing and performance cookies help ensure our Site functions efficiently by distributing traffic and measuring usage patterns. These cookies may persist beyond your visit to support ongoing optimization and error tracking.
Persistent cookies are used to remember your preferences within our Site and remain on your desktop or mobile device even after you close your browser or restart your computer. We use these cookies to analyze user behavior to establish visit patterns so that we can improve our website functionality for you and others who visit our Site.
How do I reject and delete cookies?
You can choose to reject or block all or specific types of cookies for our Site by changing your browser settings. Please note that most browsers automatically accept cookies. Therefore, if you do not wish for cookies to be used, you may need to actively delete or block the cookies. If you reject the use of cookies, you will still be able to visit our Site, but some of the functions may not work correctly. You may also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. By using our Site without deleting or rejecting some or all cookies, you agree that we can place those cookies that you have not deleted or rejected on your device.
Your email provider may also settings which allow you to prevent the automatic download of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
4. Choices and Access
We give you choices regarding our use and disclosure of your personal information for marketing purposes. You may opt out from:
· Receiving marketing-related emails from us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by following the instructions contained in each such message.
· Receiving text messages from us. If you no longer want to receive text messages from us on a going-forward basis, you may opt-out by replying STOP to any such message.
We will try to comply with your request as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative and transactional messages from which you cannot opt out.
5. Do Not Track
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do-not-track signals). We currently do not recognize universal opt-out mechanisms; we do not monitor or take any action with respect to these signals or other mechanisms.
6. Data Security
We store personal information and other data using reasonable and appropriate physical, technical, and administrative safeguards to secure personal information against foreseeable risks, such as unauthorized use, access, disclosure, destruction, or modification. Although we make good-faith efforts to store the information we collect in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we work to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent unauthorized access, acquisition or use of this information.
7. Data Retention
We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and as outlined in this Notice. The criteria used to determine our retention periods include: (i) the length of time with which we have had an ongoing relationship with you; (ii) our legal obligations; or (iii) whether retention is advisable in light of our legal position.
8. International Transfers
Our Site is controlled and operated by us from the United States. Any information you provide to us through use of the Site may be stored in, processed in, transferred between, and accessed from the United States and other countries which may not guarantee the same level of protection of personal information as the one in which you reside. Any such transfers will take place in accordance with applicable data privacy laws.
If your personal information is subject to GDPR or UK Data Protection Law, we take measures designed to provide the level of data protection required under such laws, including ensuring onward transfers are governed by the requirements of the Standard Contractual Clauses adopted by the European Commission, including the UK and Swiss addendum thereto, or another adequate transfer mechanism.
9. California Residents
Categories and purposes for which we use your personal information
The personal information about you that we collect includes information within the categories below. These categories also represent the categories of personal information that we have collected over the past 12 months. Note that the categories listed below refer to the categories of personal information as defined under the CCPA. Inclusion of a category in the list below indicates only that, depending on the services we provide you, we may collect some information within that category. It does not necessarily mean that we collect all information listed in a particular category for all of our users.
Category of Personal Information Collected
Identifiers such as a real name, postal address, unique personal identifier, online identifier Internet Protocol address, email address, telephone numbers (whether landline, cellular, or other), business information, and any other contact information or other information provided pursuant to the free-form submission box on our Site.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with a website or application.
Purpose of Collection, Processing, and Disclosure
To facilitate the management and administration of our business functions, effectuate our legitimate business interests, and carry out our contractual and other obligations to you, including but not limited to, providing services to you (such as arranging access to your registered account), responding to your inquiries and fulfilling requests, completing transactions, verifying information and providing you with client-related service, and sending administrative information to you.
To optimize the performance of our Site and to detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, and for data analytics.
We do not use your sensitive personal information for purposes other than those necessary to provide you with services you request from us, to aid in protecting and securing your personal information and our systems, to verify or maintain the quality or safety of our services and systems, or as otherwise permitted under regulations or required by law.
Exercising your rights
If you would like to exercise any of the privacy rights outlined in Section 2 (“Your Legal Rights”) of this Notice, please contact us at the information provided in Section 13 (“Contact Information”).
You also may designate an authorized agent to make a request on your behalf. If you are submitting a request through an authorized agent, the authorized agent must provide us with your signed written permission stating that the agent is authorized to make the request on your behalf. We may also request that any authorized agents verify their identity and, where permitted by law, may reach out to you directly to confirm that you have provided the agent with your permission to submit the request on your behalf.
When you exercise these rights and submit a request to us, we will verify your identity by asking you for the following pieces of information: your relationship with us, first and last name, email address, telephone number, postal address and employer.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will use the personal information you provide to us when submitting a consumer request only to verify the requestor’s identity or authority to make the request.
There may be circumstances where we will not be able to honor your request. For example, if you request deletion, we may need to retain certain personal information to comply with our legal obligations or other permitted purposes.
10. Children
Our Site is not intended for use by children. We do not knowingly collect, store, use, sell, or share the personal information, including for targeted advertising purposes, from anyone under the age of 18, without verifiable parental consent. If we become aware that we have inadvertently collected personal information from a child under the age of 18, we will delete such information from our records. If a parent, guardian, or anyone else becomes aware that we have collected personal information from an individual under the age of 18, please contact us.
11. Links to Third-Party Sites
Our Site may include links to other websites or references and information about other websites (e.g., in articles or other informational sections on our Site), whose privacy practices may be different from ours. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
12. Changes to this Notice
From time to time, we may update this Notice. We will post any revised version of this Notice on our Site. Any changes will be effective on the effective date stated in the revised Notice. This Notice was last updated as of the date listed below. We will not use previously collected personal information for a new purpose without providing notice and/or obtaining your consent, as required by law. We may make minor changes to this Notice without providing advanced notice and/or obtaining your consent. We encourage you to periodically review this page for the latest information on our privacy practices.
13. Contact Information
If you have any questions, requests, or complaints in relation to this Notice, please contact us at legalnotices@phoenixtailings.com or Phoenix Tailings, Inc., Attn: Compliance, 8B Henshaw Street, Woburn, MA 01801 USA. Because email communications are not always secure, please do not include sensitive information in your emails to us regarding this Notice.
Last Updated: October 23, 2025