Personal information means information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. The personal information which we collect, store, use and disclose includes names, contact details, educational qualifications, and other details such as date of birth, gender, occupation and your image.
Some personal information is considered ‘sensitive information’ for the purposes of the Privacy Act.
The sensitive information which we collect, store, use and may disclose includes information or an opinion about health, race or ethnic origin, or criminal record.
Anonymity and pseudonymity
In most circumstances, it is impractical for people to communicate with us anonymously. We need to identify you to assist you effectively. However, in circumstances where it is lawful and practicable to do so, we will provide you with the option of not identifying yourself, or using a pseudonym, when entering into communications with us.
Collection of solicited personal information
We collect personal information only by lawful and fair means where reasonably necessary for our functions or activities as a leading Australian based diversified mining service, contracting, processing, and commodities production company (business activities).
We collect personal information which:
- you provide in the course of applying for employment positions at Mineral Resources (or one of its subsidiaries);
- is provided to us by third parties who have disclosed that information to us with your consent (and only if it would be unreasonable or impracticable to collect the information directly from you);
- is provided to us by your employer, where your employer is a contractor engaged by Mineral Resources and you may be mobilised to Mineral Resources’ sites;
- you provide to us in the course of updating or changing your details; is contained in documents or correspondence you provide to us; or
- you provide to us in person, by visiting one of our sites, phone, post, or via our website or other forms of electronic communication (including via social media).
Subject to certain exceptions under the Privacy Act, we collect sensitive information about you only if you consent to the collection of the information and the information is reasonably necessary for one or more of Mineral Resources’ functions or activities. The provision of sensitive information to Mineral Resources on a voluntary basis (including, for example, information you supply when applying for a position with Mineral Resources) will be taken to be consent for this purpose.
In all cases, we will take reasonable steps in the circumstances to tell you why we are collecting your personal information and how it will be used at the time of collection. Where your personal information is provided to us by your employer in the circumstances described above, we place obligations on your employer to provide you with this information.
We also utilise ‘cookies’ which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. If you reject a cookie, some of the parts or features of the website may not function properly.
Collection of unsolicited personal information
From time to time, we may receive personal information about you which we have not requested.
Where we receive personal information about you which we have not requested (whether directly from you or from a third party), we will consider, within a reasonable period, whether we could have collected that personal information from you had we requested it.
Where we determine that we could not have collected the personal information had it been requested, we will destroy or de-identify that personal information as soon as practicable, provided it is lawful and reasonable to do so.
Use or disclosure of personal information
We may collect, store (in hard copy or electronic form) use or disclose your personal information for the primary purpose of conducting and supporting Mineral Resources’ business activities.
Where we collect your personal information from your employer in the circumstances described above, we use that information to facilitate your placement at sites controlled by Mineral Resources. We may also collect, store, use or disclose your personal information:
- in relation to your application for employment;
- to contact you should we need to do so;
- to address any enquiries, complaints or feedback we received from you; or
- to do anything Mineral Resources is required or authorised by law to do.
Further, we may disclose your personal information to:
- third parties where you have given your consent (express or implied);
- government agencies or other similar entities as required or permitted by law; and
- our professional advisors, contractors or other service providers whom Mineral Resources may engage from time to time to carry out, advise or assist with the carrying out of the business activities of Mineral Resources.
Mineral Resources will not use your personal information for a secondary purpose unless:
- you consent to the use or disclosure or you would reasonably expect us to use it for a secondary purpose which is related to the primary purpose;
- the use or disclosure is required or authorised by law; or
- the use or disclosure is otherwise permitted by the Privacy Act (for example, as a necessary part of an investigation of suspected unlawful activity).
Cross-border disclosure of personal information
Mineral Resources is based in Australia, so your personal information will be processed in Australia.
However, we may send your personal information to organisations or persons located overseas. For example, indirect overseas disclosure of your personal information to third parties overseas may occur as we use various third party service and storage entities located overseas. If we disclose personal information to a third party in a country which does not have equivalent privacy laws to Australia, we will take reasonable steps in the circumstances to ensure that the overseas recipient does not breach the Privacy Act. In particular, we will not send your personal information overseas unless either:
- we reasonably believe that the recipient of the information is subject to a law or binding scheme that has the effect of protecting information in a way that, overall, is at least substantially similar to the way in which the Privacy Act protects personal information, and there are mechanisms that you can access to take action to enforce that protection of the law or binding scheme; or
- you have consented to the transfer.
Adoption, use or disclosure of government related identifiers
Where we collect your personal information, it will usually be identified by a common identifier such as your name, address or contact details.
Subject to certain exceptions under the Privacy Act, Mineral Resources will not disclose identifiers assigned by Government agencies or its agents, such as tax file numbers, or use those identifiers to identify your personal information.
Security of personal information
Mineral Resources places great importance on the security of all information associated with Mineral Resources’ customers, clients and contractors. We take reasonable steps to protect your data from misuse, interference and loss, and from unauthorised access, modification or disclosure.
No data transmission over the Internet can be guaranteed to be 100 per cent secure. As a result, while we strive to protect user’s personal information, Mineral Resources cannot ensure or warrant the security of any information transmitted to us via electronic means, and you do so at your own risk. Once Mineral Resources Limited receives your transmission, it makes every effort to ensure its security on Mineral Resources’ systems.
Access to personal information
Subject to any exceptions in the Privacy Act, if you have provided us with personal information, you have a right to request access to it. If you are of the belief that Mineral Resources holds personal information relating to you and you wish to obtain access to this information, please contact us on the details provided in section 14. We may ask you to provide proof of your identity if you request access to or correction of your personal information.
In the event that a request for access is made, we will review our records to determine what personal information relating to you we hold and endeavour to respond to your request within a reasonable period after the request is made, but in any event, within 30 days.
Once we have notified you of the nature of the personal information relating to you which we hold, we will give you access to your personal information in the manner requested by you, if it is reasonable and practicable to do so.
We do not levy a charge in respect of the making of a request for access to personal information held by us. However, we may charge you for the reasonable costs incurred by us in providing you with access to the personal information held by us.
The Privacy Act provides instances where a holder of personal information may refuse to provide an individual with access to their personal information. If we refuse to give you access to your personal information, we will give you a written notice that sets out our reasons for the refusal and the mechanisms available to complain about our refusal.
Correction of personal information
Mineral Resources takes reasonable steps to keep your personal information as accurate, complete and up-to-date as possible. We make an effort to ensure this data is of high quality, but this relies on the accuracy and frequency of data provided by you.
You can assist us by notifying us if your circumstances change, such as if your name changes. If we hold personal information about you and you request that we correct the information, we will take reasonable steps to rectify the situation free of charge if we are satisfied that the information we currently hold is inaccurate, out-of-date, incomplete, irrelevant or misleading. If we refuse to correct your personal information, we will give you a written notice setting out our reasons for the refusal and the mechanisms available to complain about the refusal.
Complaints, questions or further information
If you wish to make a complaint about a breach of your privacy by Mineral Resources, you may contact us using the contact details provided in section 14. All complaints will be investigated by an appropriately qualified representative of Mineral Resources. We will endeavour to resolve your complaint as quickly as possible and, in any event, within 30 days. We will notify you of the outcome of the investigation, including how we propose to resolve your complaint and what, if any, corrective measures we will implement.
If you are not satisfied with our handling of your complaint, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC). For more information about doing so, visit http://www.oaic.gov.au/privacy/making-a-privacy-complaint.
Group Financial Controller and Company Secretary
28 April 2020