Falco Resources Ltd (“Falco” or the “Corporation”) understands and respects the importance of the Personal Information that it collects to manage its business. The Corporation has developed the present privacy notice (the “Notice”) to explain how it collects, uses, and discloses (“Process” or “Processes”) information about identifiable individuals (“Personal Information”) such as you when they visit Falco’s website at www.falcores.com. This Notice also describes your Personal Information protection rights and how to exercise them.

Falco is subject to the Act respecting the protection of personal information in the private sector (Québec) (the “Québec Privacy Act”). Some provisions contained in this Notice may exceed the requirements of the Québec Privacy Act. In such circumstance, The Corporation has full discretion with respect to their application.

Please note that this Notice does not extend to websites or any other services operated by third parties. Falco is therefore not liable for such third parties’ privacy policies, procedures and practices.

1. Notice Requirements

1.1 Accountability: Who is Responsible for my Personal Information?

Falco is responsible for the Personal Information it Processes. The Corporation has appointed one person as Chief Privacy Officer (“CPO”) to oversee its compliance with applicable Personal Information protection legislation.

1.1.1 Falco’s contact details

1100 Avenue des Canadiens-de-Montréal, Suite 300
Montreal, Québec,
Canada
H3B 2S2
514 905-3162

1.1.2 Contact details of Falco’s CPO

Ms. Mireille Tremblay, Vice President Legal Affairs & Corporate Secretary
1100 Avenue des Canadiens-de-Montréal, Suite 300
Montreal, Québec,
Canada
H3B 2S2
mtremblay@falcores.com

1.2 What Personal Information does Falco Processes, How and Why?

Falco Processes your Personal Information to manage its business. The table below describes the Personal Information types that the Corporation Processes, how it collects it, and why.

Please note however that if you provide Personal Information to Falco about anyone other than yourself, your employees, counterparties, your advisers, or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to Falco and for you to allow the Corporation, and its outsources service providers, to use it.

Falco will only provide you with investor relation related information after you have, where legally required to do so, opted to receive those communications and having provided the opportunity for you to opt out at any time.

Falco will not use your Personal Information (i) for taking any automated decisions affecting or creating profiles other than as described above or (ii) for a purpose other than for which it was collected except with your consent unless: (a) legal, medical or security reasons make it impossible to obtain consent; or (b) Falco is permitted or required to do so by applicable laws.

1.3 What happens if I don’t provide my Personal Information?

Where Falco needs to collect Personal Information by law or in order to Process your instructions and you fail to provide that Personal Information when requested, Falco may not be able to carry out your instructions. In this case, the Corporation may have to cancel its engagement, but Falco will notify you if this is the case at the relevant time.

1.4 How much Personal Information does Falco Require?

Falco limits the Personal Information Falco Processes to what is necessary for managing its business.

1.5 How is your Personal Information Processed when using Falco’s Website?

1.5.1 Information Collected from your Use of Falco’s Website

To ensure Falco’s website is optimized for ease of use, and/or for future communications, The Corporation or its service providers may use cookies to collect standard internet information about how and when you use the website. This information may include but is not limited to your IP address and location data, weblogs, time, date, language preferences, browser used, referring web addresses, other communication data, searches conducted and pages visited.

Falco’s investor relation email may contain a single, campaign-unique “web beacon pixel” to tell the Corporation whether its email is opened and combined with other technology verify any clicks through to links within the email. Falco may use the information for purposes including determining which of Falco’s email is more interesting to you and to query whether users who do not open Falco’s email wish to continue receiving them. The pixel will be deleted when you delete the email. If you do not wish the pixel to be downloaded to your device, through email you can opt not to download images from Falco.

You may also choose not to click in the email investor relation communications that Falco send you. This information may be connected to your personal identity.

1.5.2 Social Media Widgets

Falco’s website may include widgets, such as a “Share This” button or interactive mini-programs that run on Falco’s website. These features may collect your IP address, which page you visit on Falco’s website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on Falco’s website. Your interactions with these features are governed by the privacy policy of the company providing such service.

1.5.3 External links in Falco’s Website

Falco’s website includes links to other websites, the privacy practices of which may differ from ours. If you submit Personal Information to any of those websites, your information is governed by the Personal Information protection policies of those websites and the Corporation does not accept any responsibility or liability in respect of third-party sites. Please check the privacy policies published on any third-party sites, which you may access thought Falco’s website before submitting Personal Information to them.

1.6 Does Falco Share your Personal Information?

Falco shares your Personal Information only in the following circumstances and with the following recipients:

1. with service providers who Falco engage within or outside of Falco, domestically or abroad, (e.g. shared service centres), to Process Personal Information for any of the purposes listed above on Falco’s behalf and in accordance with Falco’s instructions only;
2. with courts, law enforcement authorities, regulators, government officials or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process; and
3. if the Corporation engages in a commercial or business transaction – as defined by applicable privacy legislation – in which case Falco may disclose your Personal Information to the prospective seller or buyer of such business or assets to whom the Corporation assigns or novates any of its rights and obligations.

Please note that Falco, its third-party service providers and other third parties to whom the Corporation discloses information under the Notice may perform activities outside of Canada. Any Personal Information that is Processed in countries outside of Canada may be subject to the laws of those countries (e.g., where a third party service provider operates internationally). As a result, Personal Information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement officials in countries outside of Canada.

You may seek additional information regarding the Processing of your Personal Information outside of Canada by contacting Falco’s CPO at the contact details found in Subsection 1.1.2 above.

1.7 How long does Falco retain your Personal Information?

Falco will not retain Personal Information longer than is necessary to fulfil the purpose for which it was collected including for the purposes of satisfying any legal, accounting, or reporting requirements and, where required for the Corporation to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled. As this purpose varies depending upon the Personal Information involved, the Corporation invites you to contact the CPO for any inquiries pertaining specifically to you.

Upon expiry of the applicable retention period Falco will securely destroy your Personal Information in accordance with applicable laws and regulations and with its Document Retention Policy.

1.8 How does Falco Ensure your Personal Information is Accurate?

Falco uses reasonable efforts to ensure that your Personal Information is kept as accurate, complete, and up to date as possible. The Corporation does not routinely update your Personal Information, unless such an update in necessary. In order to help the Corporation to maintain and ensures that your Personal Information is accurate and up to date, you must inform Falco, without delay, of any change in the information you provide to it.

1.9 How does Falco safeguard your Personal Information?

Falco is committed to protecting the confidentiality, integrity, and availability of your Personal Information. The Corporation employs security safeguards that are customary by public companies in the mining sector and appropriate to the sensitivity of the information, including physical, organizational, and technological measures. Examples of such measures include restricted access to offices, training of personnel, limiting access to information on a “need-to-know” basis, using passwords and well-defined internal policies and practices.

Unfortunately, the transmission of information via the internet is not completely secure. Although Falco uses its reasonable efforts to protect your Personal Information, Falco cannot guarantee the security of data transmitted to its website. Any transmission you provide is at your own risk. Once Falco has received your information, it will apply its security practices to try to prevent unauthorized access, use and/or disclosure.

Falco may store and Process your Personal Information at its offices in Montréal and Rouyn-Noranda. The Corporation uses contractual and other means to provide a comparable level of protection while information is being stored, handled, and Processed using any third party service providers.

1.10 Whom to Contact with Questions

Falco is committed to being transparent about its policies and invites you to contact the CPO with any question you may have on the foregoing or to visit its website.

1.11 What are your Rights?

You have various rights with respect to Falco’s use of your Personal Information:

1. Access: You have the right to request whether Falco holds Personal Information on you and to request a copy of such information. To do so, please contact the Corporation at the details provided at Subsection 1.1.2. There are exceptions to this right, so that access may be denied if, for example, making the information available to you would reveal Personal Information about another person, or if Falco is legally prevented from disclosing such information.
2. Accuracy: Falco aim to keep your Personal Information accurate, current, and complete. The Corporation encourages you to contact the Corporation at the details provided at Subsection 1.1.2 to let it know if any Personal Information is not accurate or changes, so that Falco can update your Personal Information.
3. Consent Withdrawal: If you have provided your consent to the Processing of your Personal Information, you have the right to fully or partly withdraw your consent. To withdraw your consent please follow the opt-out links on any investor relation message sent to you or contact the CPO at the details provided at Subsection 1.1.2. Once Falco has received notification that you have withdrawn your consent, Falco will no longer Process your information for the purpose(s) to which you originally consented unless there is another legal ground for the Processing. Withdrawal of consent to receive investor relation communications will not affect the Processing of Personal Information for the provision of Falco’s services.
4. Cessation of Dissemination: You have the right to request that Falco ceases disseminating your Personal Information if the dissemination is contrary to the law or a court order.

   You also have the right to request that the Corporation ceases disseminating your Personal Information where the following conditions are met:

   1. the dissemination of the information causes you serious prejudice in relation to your right to have your reputation or privacy respected;
   2. the prejudice is clearly greater than the public’s interest in knowing the information or the interest of any person’s right to express themselves freely; and
   3. the cessation of dissemination requested does not exceed what is necessary for preventing the perpetuation of the prejudice.
5. De-indexation: You have the right to request that Falco de-index any hyperlink attached to your name that provides access to information by a technological means if the dissemination is contrary to the law or a court order.

   You also have the right to request that the Corporation de-index a link providing access to information where the following conditions are met:

   1. the dissemination of the information causes you serious prejudice in relation to your right to have your reputation or privacy respected;
   2. the prejudice is clearly greater than the public’s interest in knowing the information or the interest of any person’s right to express themselves freely; and
   3. the cessation of dissemination requested does not exceed what is necessary for preventing the perpetuation of the prejudice.
6. Re-indexation: You also have the right to request that Falco re-index a link providing access to information where the following conditions are met:
   1. a failure to do so causes you serious prejudice in relation to your right to have your reputation or privacy respected;
   2. the prejudice caused by a failure to re-index is greater than the public’s interest in knowing the information or the interest of any person’s right to express themselves freely; and
   3. the re-indexation requested does not exceed what is necessary for preventing the perpetuation of the prejudice.
7. Mobility: You have the right to request that computerized Personal Information collected from you be communicated to you in a commonly used technological format as well as to any person or body authorized by law to collect such information. This right does not extend to information that was created or inferred from your Personal Information and Falco is under no obligation to communicate such information if doing so raises serious practical difficulties.
8. Complaints: If you believe that your Personal Information protection rights may have been violated, you have the right to lodge a complaint with the applicable supervisory authority, the Commission d’accès à l’information du Québec at https://www.cai.gouv.qc.ca/, or to seek a remedy thought the courts.

You may enquire about your Personal Information by contacting Falco’s CPO or making a request to view your Personal Information at the details provided at Subsection 1.1.2.

Falco will generally respond to all access requests within 30 days of the receipt of all necessary information. In circumstances where the Corporation is not able to provide access, or if additional time is required to fulfill a request, Falco will advise you in writing.

Falco may not release certain types of information based upon exemptions specified in applicable laws. Where possible, the Corporation will sever the information that will not be disclosed and provide you with access to the remaining information. Should Falco be unable to provide access to or disclose Personal Information to you, the Corporation will provide you with an explanation, subject to restrictions.

In certain circumstances, such as where the request is excessive or unfounded, Falco may charge you an administration fee for access to your Personal Information. The Corporation may also charge for additional copies. Falco will advise you of any fees before proceeding with a request.

1.12 How does Falco Resolve your Concerns?

Any report, concern, complaint or incident of which Falco become aware that involves conduct that may contravene the Notice will be treated confidentially to the extent possible. However, some disclosure may be necessary to adequately address issues raised, aid enquiry and implement solutions, as appropriate.

1.12.1 Incident Reporting and Escalation Process

Falco takes all potential or actual Personal Information breaches seriously.

You may report your concerns about the Processing of your Personal Information directly to Falco’s CPO at the details provided at Subsection 1.1.2.

The CPO will engage the appropriate levels of management to assist with resolution of the issue.

1.12.2 Alternative Actions

While Falco is committed to resolving all Personal Information matters internally, nothing in the Notice precludes you from contacting the provincial privacy commissioner(s).

2. Roles and Responsibilities

Falco is responsible for communicating the Notice and ensuring that employees fully comply with all relevant aspects of the Notice and the accompanying guidelines.

2.1 Falco’s Chief Privacy Officer (CPO)

The CPO is responsible for:

1. developing Falco’s Personal Information protection strategy;
2. developing and maintaining the Notice, accompanying guidelines and any other policy or procedure related to Personal Information and ensuring they comply with applicable law; and
3. serving as the official liaison with the provincial privacy commissioner(s).

3. Maintenance and Review

The Notice is effective September 22, 2023 and supersedes all prior versions.

Falco reserves the right to interpret the Notice at its sole discretion. Moreover, Personal Information protection legislation continues to evolve and, as a result, this Notice may be amended by Falco from time to time at its full discretion without any prior notice or liability to you or any other persons. The updated version of the Notice will be posted on Falco’s website and the Processing of your Personal Information by the Corporation will be governed by the version of this Notice in effect at the relevant time.