Legal

Privacy Policy

Last Updated: May 6, 2021

This Privacy Policy applies to our data collection and use practices relating to the Gratomic Inc. website. References in this Privacy Policy to “Company,” “we,” “us” or “our” refer to Gratomic Inc. By using our website, you agree to the terms of this Privacy Policy and any modifications made to this Privacy Policy. This Privacy Policy is a part of our Terms of Use.

WHAT INFORMATION DO WE GATHER AND WHAT DO WE DO WITH IT?

For the purposes of this Privacy Policy, “Personal Information” means information about an identifiable individual.

You may give us your Personal Information when visiting our website if you voluntarily provide it to us by sending us email through the website or filling in forms on our website. When you sign up to receive Company press releases and alerts via email, you will be asked to provide us with certain Personal Information, such as your first name, last name, and email address.

Like most websites, we use automatic data collection technology when you visit the website to record information that identifies your computer, to track your use of the website, and to collect certain basic information about you and your surfing habits, we refer to this information as “Usage Information.” We may collect this usage information using cookies, web beacons or other tools that collect information to make it easier to use our website. This information may include information such as the Operating System (OS) running on your device, Internet Protocol (IP) address (which may be used to obtain your geolocation), access times, browser type, and language, and the website you visited before our website. We also collect information about how you use our website, including the elements you have interacted with, metadata and other details about these elements, change states and other user actions.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block cookies parts of our website may not work properly.

HOW DO WE USE YOUR INFORMATION?

We will use your Personal Information and Usage Information for the following purposes:

  1. To respond to your inquiries and provide you information about our Company and research developments, subject to applicable law concerning the sending of commercial electronic messages;
  2. For any other purposes disclosed at the time the information is collected or to which you consent;
  3. As required or authorized by law; and
  4. As otherwise specifically described in this Privacy Policy.

We may also use your information to improve our website and may use Usage Information to enable us to customize your user experience.

YOUR CHOICES.

If you wish to stop receiving emails from us, you may choose to unsubscribe from our emails by following the instructions at the bottom of the email. You may also choose to unsubscribe by sending us a message via info@gratomic.ca Please note that if you unsubscribe you may still receive electronic messages from us where such messages are required or authorized by law.

HOW DO WE SHARE YOUR INFORMATION?

We do not share your Personal Information with third parties without your consent other than with the following:

  1. Third Party Service Providers. We will not sell your Personal Information to third parties. However, if you provide Personal Information, we may share it with our subsidiaries, affiliates, agents, representatives, service providers, business partners, and other third parties for the limited purpose of providing services or information to our customers or us;
  2. Lawful Requests. To comply with laws or to respond to lawful requests and legal process;
  3. Protection of Rights and Property. To protect our rights and property, our agents, customers, and others including to enforce our agreements, policies and terms included in this Privacy Policy or our Terms of Use;
  4. In an emergency, including to protect the personal safety of any person;
  5. Corporate Restructuring. For the purposes of a business deal (or negotiation of a business deal) involving a sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our Company, business or assets, that company will also acquire and possess the Personal Information and Usage Information collected by us; and
  6. As required or authorized by law.

THIRD-PARTY SERVICES WEBSITES.

As a convenience, this website may contain links to third-party websites. Third party websites are not covered by this Privacy Policy, and we will have no control over the information you enter or the cookies your browser accepts while on a third-party’s website. We encourage you to read the privacy policies of these third-party websites. We are not responsible for the privacy practices or the content included on third-party websites.

OUR SECURITY PRACTICES.

We take commercially reasonable steps to protect the Personal Information and the Usage Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, email sent to or from us may not be secure, and you should, therefore, take special care in deciding what information you send to us via email.

AGE OF CONSENT.

We do not knowingly collect Personal Information from children under the age of 13 through the website. If you are under 13, please do not give us any Personal Information. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us.

CONSENT.

By sending us your Personal Information, you consent to the collection, use, and disclosure of your Personal Information consistent with this Privacy Policy. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your Personal Information in specific circumstances, in which case we may ask for your consent in writing although in some circumstances we may accept your oral consent. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information. In addition, we may collect, use and disclose Personal Information without your consent when we are required or authorized by law to do so.

WITHDRAWAL OF CONSENT.

Individuals have the right to withdraw their consent to the collection, use, or disclosure of Personal Information at any time, except where that withdrawal would frustrate the performance of a legal obligation by us. Upon reasonable written notice given to us, all Personal Information held by us that is identifiable to that individual will be removed from our records, except that we nonetheless reserve the right to retain, collect, use and disclose Personal Information without your consent where we are permitted by law to do so.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

You have a right to request access to your Personal Information and to request a correction to it if you believe it is inaccurate. If you have submitted Personal Information to Company and would like to have access to it, or if you would like to have it corrected, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain Personal Information in certain circumstances, for example if it contains Personal Information of other persons, or for legal reasons. We may require you to verify your identity before you access your Personal Information.

A NOTE ABOUT JURISDICTION.

We are a Canadian-based Company whose servers and whose service providers’ servers may be located worldwide. We collect, use, disclose, and retain Personal Information in accordance with Canadian law. You access this website at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.

Personal Information may be subject to disclosure under the laws of jurisdictions where the Personal Information is stored or handled, and it may be accessible to law enforcement and national security authorities of those jurisdictions.

For information about our use of affiliates and service providers outside Canada to process Personal Information, please contact us at the address provided below

CHANGES TO THIS PRIVACY POLICY.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.

QUESTIONS AND CONTACT INFORMATION.

If you would like to: access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply want more information, please contact us at Gratomic Inc., Attention: Chief Privacy Officer at privacy@gratomic.ca.

 

 

LEGAL DISCLAIMER

General

The information contained on this website is provided solely for the reader’s general knowledge and is not intended to be a comprehensive review of all matters and developments concerning the Company. Gratomic has taken all reasonable care in producing and publishing information contained on this website, and will endeavor to do so regularly.

All information is offered on a “best intentions” basis.

Material on this website may contain technical or other inaccuracies, omissions, or typographical or other errors for which Gratomic assumes no responsibility. Gratomic does not warrant or make any representations regarding the use, validity, accuracy, completeness or reliability of any claims, statements or information on this website. Under no circumstances, including, but not limited to, negligence, shall Gratomic or any of its officers, directors, employees or agents be liable for any direct, indirect, special, incidental, consequential, or other damages, including but not limited to, loss of programs, loss of data, loss of use of computer of other systems, or loss of profits, whether or not advised of the possibility of damage, arising from your use, or inability to use, the material on this website.

The information provided on this website is not a substitute for independent professional advice before making any investment decisions. Furthermore, no modification of reproduction is allowed in any form, electronic or otherwise, of any information on this website, except for personal use without Gratomic’s express permission.

No Review by Any Regulatory Authority

No review by any regulatory authority has reviewed the information on this website and none of them accepts responsibility for the adequacy or accuracy of it. This website is not intended as a solicitation or offering of securities in any jurisdiction and the information contained herein in no way should be construed or interpreted as such.

Copyright and Trademark

Certain material found on this website is protected by copyright. Certain names, graphics, logos, icons, designs, words, titles or phrases on this website may constitute trade names, trademarks or service marks of Gratomic or other entities. Trademarks may be registered in Canada and in other countries, as applicable.

The display of trademarks on pages at this website does not imply that a license of any kind has been granted. Except for non-commercial, personal or educational purposes, where the material is not modified and that copyright or trademark notices are not deleted, materials may not be copied, reproduced, modified, uploaded, posted, transmitted, or distributed in any way without Gratomic’s prior written approval. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the copier to legal action.

All Rights Reserved

All rights to the information contained on this website are reserved. You may not modify or reproduce in any form, electronic or otherwise, any information on this website, except for your own personal use unless you have obtained Gratomic’s express written permission.

Third Party Websites

Gratomic may provide links to, or post on this website, articles and reports by third parties. Such articles and reports are for information purposes only. Any opinions, statements or forecasts regarding Gratomic’s performance made by third parties, including but not limited to analysts, journalists, and newsletter writers, are theirs alone and do not represent opinions, forecasts or predictions of Gratomic or its management. Gratomic does not imply its endorsement of or concurrence with such information, conclusions or recommendations.

Forward-Looking Statements

Neither Gratomic nor any party involved in creating, producing or delivering Gratomic’s websites, shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use the websites, or any errors or omissions in the content thereof.

Documents displayed by Gratomic on the World Wide Web, and portions thereof, may not be copied, reproduced, published, translated, modified, distributed or otherwise used in any form without the express written consent of the copyright owners other than for non-commercial individual reference with all copyright or other proprietary notices retained. Gratomic will use reasonable efforts to include accurate and up-to-date information on all of its websites, but Gratomic makes no warranties or representations as to their accuracy. All users agree that all access and use of Gratomic websites, websites linked to this website and the content thereof is at their own risk.

Gratomic cautions that certain statements in this website are forward-looking statements. All statements, other than statements of historical facts, contained in this website, including statements regarding Gratomic’s future results of operations or financial condition, prospects, business strategy and plans and objectives of management for future operations, the success of sales and marketing efforts, the extent of market acceptance for Gratomic products and services, Gratomic’s ability to develop and bring to market new or enhanced products, Gratomic’s international ventures, the graphite industry and regulatory environment and continuing uncertainty in the global economic environment, are forward- looking statements. The words “believe,” “will,” “may,” “estimate,” “continue,” “projection”, “anticipate,” “intend,” “should,” “plan,” “expect,” “predict,” “could,” “potentially” or other similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words.

Actual results and trends in the future may differ materially from those suggested or implied by the forward-looking statements depending on a variety of factors. The forward-looking statements contained in this presentation speak only as of the date the statements are made and are based on information available to the company at that time and/or management’s good faith. Gratomic assumes no obligation to update forward-looking statements to reflect actual performance or results, changes in assumptions or changes in other factors affecting forward-looking information, except to the extent required by applicable securities laws. Accordingly, investors should not put undue reliance on any forward-looking statements.

Prospective investors should not construe the contents of this webiste as legal, investment, tax or other advice. Each prospective investor must rely upon his or her own representatives, including his or her own legal counsel and accountants, as to legal, economic, tax and related aspects of the investment described herein and as to its suitability for such investor.

This website does not constitute an offer or solicitation in any jurisdiction to any person or entity to which it is unlawful to make such offer or solicitation in such jurisdiction.

Cautionary Statement

Certain statements included in this presentation are forward-looking statements within the meaning of Canadian securities laws, including the following statements regarding the Aukam property: the ability of Gratomic Inc. (“Gratomic Inc.” or the “Company”) to acquire additional concessions with potential resources; the potential to develop resources; the anticipated economic potential of the Aukam project or any supply or off-take agreement; the anticipated economic potential of the concessions; the anticipated economic and political developments in Namibia; the availability of capital and financing for the Company to execute its commitments and strategy going forward. Forward-looking statements are based on estimates and assumptions made by the Company in light of its experience and perception of current conditions and expected future developments, as well as other factors that the Company believes are appropriate in the circumstances. Many factors could cause the Company’s results, performance or achievements to differ materially from those expressed or implied by the forward-looking statements, including: discrepancies between actual and estimated results from exploration and development and operating risks, dependence on early exploration stage concessions; political and foreign risks; uninsurable risks; competition; regulatory restrictions, including environmental regulatory restrictions and liability;

currency fluctuations; defective title to mineral claims or property and dependence on key employees. Persons reviewing this presentation are cautioned not to place undue reliance on forward-looking statements due to inherent uncertainty therein. The Company disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by law.

Gratomic wishes to emphasize that the supply of graphite pursuant to any off-take or supply agreement referred to in the Presentation is conditional on Gratomic being able to bring the Aukam project into a production phase and for any graphite being produced to meet certain technical and mineralization requirements.  Gratomic continues to move its business towards production and as part of its business plan, expects to obtain a National Instrument 43-101 Standards of Disclosure for Mineral Projects technical report to help it ascertain the economics of the Aukam project.  Presently the Company uses its existing pilot processing facility to produce certain amounts of graphite concentrate from accumulated surface graphite. Please see the Risk Factors stated below (“Risk Factors”). The technical information contained in this presentation has been reviewed and approved by Steven Gray, P. Geo, a Qualified Person as defined under NI 43-101.

 

Risk Factors

No mineral resources, let alone mineral reserves demonstrating economic viability and technical feasibility, have been delineated on the Aukam Property. The Company is not in a position to demonstrate or disclose any capital and/or operating costs that may be associated with the processing plant.

The Company advises that it has not based its production decision on even the existence of mineral resources let alone on a feasibility study of mineral reserves, demonstrating economic and technical viability, and, as a result, there may be an increased uncertainty of achieving any particular level of recovery of minerals or the cost of such recovery, including increased risks associated with developing a commercially mineable deposit.

Historically, such projects have a much higher risk of economic and technical failure. There is no guarantee that production will begin as anticipated or at all or that anticipated production costs will be achieved.

Failure to commence production would have a material adverse impact on the Company’s ability to generate revenue and cash flow to fund operations. Failure to achieve the anticipated production costs would have a material adverse impact on the Company’s cash flow and future profitability.