Purpose
All references to Newmont, ‘we’, ‘us’ or ‘our’ means Newmont Australia Holdings Pty Ltd and its associated entities within the meaning of s 50AAA of the Corporations Act 2001 (Cth).
Newmont respects your privacy and is committed to ensuring that information held by individuals is collected, handled and protected appropriately.
This Privacy Statement outlines how Newmont collects, uses, shares, protects and discloses Personal Information in accordance with the Australian Privacy Principles (
Principles) outlined in the Privacy Act 1988 (Cth) (
Privacy Act). The Privacy Statement does not apply to the management of employee records as they are exempt from the Privacy Act.
Definitions
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Personal Information
means information recorded in any format that identifies or could identify an individual personally, either by itself or together with other information that is available to us and includes Sensitive or Health Information.
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Sensitive Information
includes information or an opinion about an individual’s racial or ethnic origin, Health Information, political opinions, philosophical or religious beliefs or affiliations, membership of a political association, trade or professional association or trade association, membership of a trade union, sexual preferences or practices or criminal records.
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Health Information
means information or an opinion about the health or disability of an individual.
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Business Purpose
means a purpose that is directed at Newmont achieving its business objectives and that complies with all relevant laws and regulations.
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Process
means any action(s) taken in relation to personal data including collecting, using, disclosing, recording, organising, storing, transferring, amending, deleting, destroying, retrieving, accessing, hosting or otherwise handling
How Personal Information is collected
We may collect and retain Personal Information about you including when:
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you interact with us by sending us e-mails or other correspondence;
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you complete and submit an online form;
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you apply for a job with us;
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we respond to your queries;
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you use our IT systems; or
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you visit our physical locations (such as our offices, workshops, facilities or mine sites).
If you provide us with someone else’s Personal Information you must ensure they have consented to that information being provided to us for a particular purpose in accordance with the requirements of this Privacy Statement.
Purpose for the collection of Personal Information
The Personal Information which we may Process may include your name, e-mail address, postal address, contact details, identification information and positions held and forms submitted.
Why we collect Personal Information:
We may retain and Process personal data for specific and limited purposes. In particular, we only retain and Process your personal data:
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for a Business Purpose;
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for a related purpose(s) that you would reasonably expect;
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for other purposes that you consent to; or
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in order to comply with our legal obligations.
What we do with your Personal Information when you apply for jobs with us:
If you submit an application for employment or otherwise participate in any recruitment process undertaken by or on behalf of us, we:
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will use Personal Information about you for the purposes of assessing your application for employment including to verify your identity, to conduct screening checks, consider and contact you regarding other positions and to manage our relationship with you,
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may exchange your Personal Information with academic institutions, recruiters, professional bodies and organizations, screening check providers, joint venture partners and referees;
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may retain information as part of our employment application records in order to assess other relevant employment opportunities which may arise within our organization or with our joint venture partners from time to time;
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may use Personal Information to prevent, detect and prosecute fraud and other unlawful activity;
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may conduct research and statistical analysis with the aim of improving our services; and
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may use, retain and disclose Personal Information in order to comply with our legal obligations.
Without your Personal Information we may not be able to consider you for positions with Newmont.
If you are a contractor or a principal, director, officer, employee, sub-contractor, agent or representative of a contractor engaged by us, we may collect, use and disclose your Personal Information for the reasons set out below:
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as may be required by law, for the performance of the contract and for compliance with our policies governing your access to and presence on our sites; and
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to the extent necessary to evidence our compliance with laws, to maintain proper contractual records and to evidence compliance with our policies.
What we do with your Personal Information when you visit our sites:
If you are a visitor to our sites, we may also collect your Personal Information to satisfy our site entry requirements, safety procedures and statutory obligations and we may not be able to do these things without your Personal Information.
How Health Information is collected
In certain circumstances Newmont may collect Health Information by the same means (but not limited to) as listed above. Newmont will not collect Health Information unless reasonably necessary for one or more of its functions and will seek your consent prior to collecting or storing your Health Information.
Additionally, Newmont may collect Health Information indirectly from a health service provider who has assessed or treated you such as:
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a GP or medical specialist;
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a hospital where you have received treatment; or
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a health practitioner (such as a psychologist or physiotherapist).
Purpose for collection of Health Information
To enable us to:
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provide medical assistance and treatment in the event of a medical emergency;
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assess your fitness for work; or
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assess compliance with relevant alcohol and drug testing procedures or policies,
we may collect, hold, use and disclose certain Health Information about you.
Use of Health Information
We only hold, use and disclose Health Information about you for the purposes outlined in section above, or for directly related purposes which might be reasonably expected, unless we otherwise obtain your consent.
We may disclose your Health Information outside Newmont and its affiliates to third parties, such as:
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Newmont’s external medical providers;
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Newmont’salcohol and drug testing providers;
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joint venture partners; and
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government agencies (including Centrelink), law enforcement bodies, courts and dispute resolution schemes.
If we use it any way which you might not reasonably expect and which is not directly related to the safety and security of our work locations, we will ask for your consent.
Collection and use of cookies, clickstream data and website technology
We use cookies. A cookie is a small amount of data that some websites place on your computer when you visit them. A website may use cookies to track the pages you have visited.
When you visit our website, our servers record:
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your server (IP) address and machine name;
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the date and time of visit to our Website and time spent on particular pages;
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pages accessed and documents downloaded;
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the number of bytes transmitted and received for each request;
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the previous site or page visited;
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the search engine and keywords used;
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any linked referral; and
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the type of browser used and its operating system (collectively called “clickstream data”).
We may examine clickstream data to determine the traffic through the server as well as access levels to specific pages. No attempt will be made to identify you or your browsing activities from clickstream data except in the circumstances specified below.
You can adjust your Internet browser to disable cookies or to warn you when cookies are being used. However, if you disable cookies, you may not be able to access certain areas of our website or take advantage of the improved website experience that cookies offer.
If we or any authority suspect that unauthorized access or use of the Website has occurred or may occur or be attempted, we may gather, use and disclose more extensive information than indicated above regarding access or attempted access to the Website for the purposes of prevention, detection, investigation and/or prosecution.
Our website may contain links to third party sites. These websites should contain their own privacy statements that we recommend that you review. Newmont is not responsible for the privacy practices of these third parties and the content of third party websites.
Sharing your Personal Information
We may share your Personal Information in the following circumstances:
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with Newmont affiliates for employment related or administrative purposes; or
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our joint ventures partners for employment or other administrative purposes; or
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with companies that perform services on our behalf, for example technical infrastructure support or administrative services.
Our service providers are required to use the Personal Information that we share with them only for the purpose for which we provide it to them. They must:
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take appropriate measures to protect the confidentiality, integrity and security of your Personal Information;
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not use or share your Personal Information in a manner that would be inconsistent with this Privacy Statement; and
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comply with all applicable privacy and data protection laws.
If another entity has acquired a Newmont subsidiary, or all or substantially all of the assets of Newmont or a subsidiary (for example in the event of a sale, merger, reorganization, insolvency, dissolution or liquidation) we may transfer your Personal Information to that entity provided that the acquiring entity’s use of information will still be subject to this policy or all applicable privacy and data protection laws.
We may also be required to disclose your Personal Information to:
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comply with a law, regulatory requirement, court order or a subpoena;
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comply with law enforcement or other governmental investigations; and
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protect your and our legal rights, property and safety, our employees, agents and other people.
Management of and access to Personal Information
We will take reasonable measures to ensure Personal Information held about you is accurate, complete and up-to-date. You can assist us to ensure that the Personal Information we hold about you is accurate and up-to-date. We will update any changes or errors in the Personal Information which we hold about you upon receipt of written evidence from you which satisfies us that a correction is required. Any requests for correction of your Personal Information will be completed in a reasonable time period and should be directed to
privacy.officer@newmont.com
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Depending on the Personal Information you seek, we may ask you to:
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complete an information request form;
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verify your identity in writing; and
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pay a fee if the inquiry involves administrative time or resources.
Once the above steps have been complied with we may provide you with access to your Personal Information if:
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it is practicable for us to do so and we have no other reasonable grounds for refusing access,
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the request is not frivolous or vexatious,
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access will not have an unreasonable impact on the privacy of others,
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the information does not relate to existing or anticipated legal proceedings (other than information accessible through the discovery process),
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access will not reveal our intentions in relation to any negotiations with you,
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access is not unlawful;
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denying access is not required or authorized by law, and
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access will not prejudice any prevention, detection, investigation and/or prosecution of possible unlawful or improper activity.
Destruction and de-identification of Personal Information
If we no longer require Personal Information, we will take reasonable steps to permanently destroy or de- identify that information.
Unsolicited Personal Information
If Newmont has received any unsolicited Personal Information that is not required for a permitted purpose, Newmont will (if lawful and reasonable to do so) destroy the information or ensure that the information is de-identified as soon as practicable.
Protection of Personal Information
We may hold your Personal Information in physical and electronic form both at our premises and with the assistance of our service providers. We implement a range of reasonable physical, technical and organizational controls to manage and protect the security of personal data. We train our staff to handle Personal Information and restrict access where appropriate.
Data breaches
Newmont will take action to mitigate the risk of loss or harm in the event of unauthorised access or disclosure of Personal Information (
Data Breach). If applicable, in the event of a serious eligible data breach, Newmont will report in accordance with legislative requirements to the Office of the Australian Information Commissioner and notify the affected individuals.
Newmont requires its contractors and suppliers to promptly notify Newmont if a Data Breach occurs through notification to the Newmont Privacy Officer through the email address
privacy.officer@newmont.com
.
Cross border disclosure of Personal Information
Newmont is a global company with affiliates located in several countries. Our website and databases currently reside on servers in the USA and other countries and we cooperate with various sub-contracted data processors in countries across the world including Australia, Canada, Ghana, Peru and Suriname. We request data processors to comply with all applicable laws relating to privacy and the disclosure of data.
Privacy Officer
If you have any concerns or questions about Newmont’s Privacy Statement, please contact our Privacy Officer on
privacy.officer@newmont.com
.
Complaints process
We have a process for dealing with complaints about Newmont’s use, storage and access to Personal Information. If you would like to lodge a complaint or have concerns about how your Personal Information has been handled by Newmont, please contact our Privacy Officer on
privacy.officer@newmont.com
.
Your complaint will be acknowledged upon receipt and we will endeavour to provide a written response within 30 days of our initial acknowledgement.
Updates to this Statement
Our Privacy Statement will be reviewed and amended from time to time at our discretion to take account of changes to new laws, new technology and business requirements.