MMG Privacy Policy

1. INTRODUCTION

MMG Limited (ARBN 31 150 889 151) and its subsidiaries (“MMG”, “we”, “our” or “us” in this Privacy Statement) is a global resources company which explores, develops and mines base metal deposits around the world. We are obliged by law to comply with the relevant privacy laws of the countries where we operate. This privacy statement is prepared in accordance with Australian privacy law because our head office is located in Australia. Where privacy laws in other countries apply, we comply with those as far as reasonably practical.

This Privacy Statement explains how we collect, hold, use and disclose (“process”) personal information in the countries where we operate.

2. SCOPE AND APPLICATION

This privacy statement applies to all personal information that we process in the course of our business, in compliance with relevant laws and our risk management activities, including in relation to our internal operations (management, employees, temporary staff, contractors) and external operations (third parties such as business partners and service providers).

3. PERSONAL INFORMATION, PRIVACY AND EMPLOYEE RECORDS

In this privacy statement, “personal information” concerns information or an opinion about an identified individual or an individual that is reasonably identifiable. We make no distinction between employee records and other sources of personal information, nor between the format or veracity of personal information which we process. All personal information that we process is classified as being of high value and high sensitivity.

4. PRIVACY PRINCIPLES GOVERNING THE HANDLING OF PERSONAL INFORMATION

4.1 Open and Transparent Management of Personal Information

MMG is committed to managing personal information in an open and transparent way. To support this commitment, we have implemented internal practices, procedures and systems (“administrative controls”) to align our handling of personal information with principles derived from Australian and relevant international privacy laws, international standards and best practice.

4.2 Anonymity and Pseudonymity

Individuals can choose to remain anonymous or to use a pseudonym when dealing with us. In some circumstances, depending on the nature of an individual’s transaction with us, we may need to know the identity of the individual who we are dealing with in order to provide the service or information requested.

4.3 Collection of Solicited Personal information

We are committed to collecting personal information by lawful and fair means. Wherever possible, we only collect personal information directly from an individual and with their consent, and only do so where the personal information is reasonably necessary for one or more of our business activities. It is generally not necessary to collect sensitive personal information, except in relation to internal human resourcing activities, where the sensitive personal information is required (for employment reasons and/or by operation of relevant laws). In these circumstances, we will only collect sensitive personal information about an individual after having received the individual’s explicit consent to that collection. We may solicit or request personal information from a third party such as an employment agency or referee in the context of employment.

4.4 Dealing with Unsolicited Personal information

We do not actively seek to collect unsolicited personal information. However, if such unsolicited personal information is provided to us, we will assess whether the unsolicited personal information should be retained, de-identified or destroyed, and act accordingly.

4.5 Notification of the Collection of Personal Information

This privacy statement, legal notices published on our website and intranet and the administrative controls, collectively represent our method for ensuring that individuals know about the personal information that we process.

4.6 Use or Disclosure of Personal Information

Where we hold personal information about an individual that was collected for a particular purpose, we will not use or disclose that information for another purpose unless:

• Otherwise required or authorised by law; or
• The individual has consented to the use of that information for another purpose; or
• The individual would reasonably expect us to use or disclose that information for a related purpose.

We use and disclose personal information:

• For internal MMG business activities – name, date of birth, address (physical, postal, email and Internet Protocol address), telephone numbers, cookies, OHS and device-related information, such as a MAC address, geo-location and RFID proximity cards, next-of-kin, spouse or partner, fatigue, drug and alcohol usage, payroll, banking, tax, photo identity, trade union membership, religious beliefs, gender, cultural and ethnic identity, qualifications, training and the like. We do not collect biometric forms of personal information such as fingerprints, unless required to do so by relevant laws;
• For external MMG business activities – communicating and transacting with third parties and entering
  into legal relationships (JVs, M&A, outsourcing, engaging services and purchasing goods); and
• For record retention – when required for legal, business and evidential reasons.

When required by law and for the purposes above, an individual’s personal information may be used by and disclosed to external sources and third parties.

4.7 Direct Marketing

We seldom engage in direct marketing. If we do, we ask for consent (express, tacit or implied) to communicate directly with the individuals concerned and we allow those individuals to opt-out of receiving direct communications and direct marketing notifications. We do not disclose, sell or share personal information to third parties for direct marketing purposes.

4.8 Cross-border Disclosure of Personal Information

MMG operates in various countries. To facilitate our global operations, we rely on various third party service providers, such as telecommunications and internet service providers based in the People’s Republic of China, Hong Kong, Laos, Democratic Republic of Congo, Peru, Canada, the United States and South Africa. These service providers may also have separate operations in other countries, which they use to provide the relevant telecommunications and internet services to us.

In light of our global information systems, personal information is located and disclosed in transit and in a static format in countries across the world. Individuals are cautioned to consider how their personal information is transferred through and stored on our global information systems, and accordingly make appropriate choices about their personal information. While the use of information technologies mean that there can be no reasonable expectation of privacy, MMG complies with relevant monitoring and surveillance laws, which seek to avoid unreasonable limitations on privacy.

4.9 Adoption, Use or Disclosure of Government Identifiers

We do not adopt, use or disclose individuals’ government identifiers as our own identifiers for those individuals. However, when required or authorised by law to do so, we use and disclose individuals’ government identifiers, including individuals’ Australian Tax File Numbers for human resource purposes.

4.10 Quality of Personal Information

We are committed to ensuring that all personal information which we process is accurate, up-to-date, complete and relevant. To do so, we provide various technical and other means for individuals to access, verify and update the personal information records that MMG holds about those individuals.

4.11 Security of Personal Information

We are committed to taking reasonable steps to protect all personal information that we hold from misuse, interference and loss. We are also committed to securing personal information from unauthorised access, modification and disclosure. To comply with relevant laws and manage associated risks, our administrative controls aim to protect the confidentiality, integrity and availability of our information systems, and the personal information that we process on those information systems.

Where there is no legal obligation to retain records and evidence of personal information, and in circumstances where we no longer require that personal information for our business activities, we will take steps to destroy or de-identify that personal information.

Our information security and privacy practices include circumstances where our data handling practices are outsourced to third parties. In these circumstances, we require that relevant third party service providers comply with our standards and relevant laws by entering into appropriate legal agreements with those third party service providers. Where possible, we also continue to monitor the third party service providers’ privacy and security practices, to ensure that they meet our standards.

4.12 Access to Personal Information

Where we (or any third parties on our behalf) process personal information, we will on request from the relevant individual, (or any third parties on our behalf) normally give that individual access to their own personal information. In considering an individual’s request for access to their own personal information, and before deciding to grant or refuse access to that individual, we will require identification from the individual concerned. We reserve the right to refuse access where such a refusal is authorised by law, in cases of commercial sensitivity and/or where a third party may be negatively affected by giving the individual access to their personal information. We will provide reasons for all refusals of access.

We will respond to an individual’s request for access to their own personal information within a reasonable time (generally within thirty (30) business days). No charge will generally apply to an individual’s request for access to their own personal information, or upon MMG deciding to grant or refuse access. We do, however, reserve the right to charge a fee for the granting of access to an individual’s personal information, where we incur costs in granting such access.

4.13 Correction of Personal Information

Where we hold personal information, we take reasonable steps to ensure that the personal information is accurate, up-to-date, complete, relevant and not misleading. Where it is not, an individual may request that we correct their personal information. In considering a request for correction, we will require identification and we reserve the right not to effect the changes sought. We will provide reasons for all refusals to make corrections.

We will respond to a request to correct personal information within a reasonable time (generally within sixty (60) business days), although giving effect to any associated corrections which are sought by an individual may take longer if we need to contact any third party organisations or notify other individuals about the request. No charge applies for the making of a request to correct personal information, upon MMG refusing to effect the corrections sought, or upon correction of any relevant personal information by or on behalf of MMG.

5. BREACH

If and when MMG suspects or becomes aware of:

• A breach of its network or information systems, resulting in unauthorised access to or unauthorized disclosure of one or more individuals’ personal information, which is likely to result in serious harm to the relevant individual(s); or
• Personal information being lost, in circumstances which may result in unauthorised access to or unauthorised disclosure of one or more individuals’ personal information,

MMG will:

• Take remedial action;
• Where remedial action fails to adequately limit the risk, notify the relevant individual(s) and the Office of the Australian Information Commissioner (“Commissioner”); and
• Work with the relevant individual(s) concerned and the Commissioner to protect everyone and everything concerned.

Any person who suspects (or becomes aware of) a breach (or an impending breach) in relation to personal information held by MMG should contact MMG’s Privacy Officer as a matter of urgency in accordance with the Data Breach Response Procedure.

6. COMPLAINTS, ENQUIRIES AND REQUESTS FOR ACCESS OR CORRECTIONS TO PERSONAL INFORMATION

In most circumstances, the Commissioner will not investigate an individual’s complaint in relation to personal information held by MMG if the individual has not first raised the matter with us. For this reason, we ask that individuals submit all complaints relating to this privacy statement to MMG first, so that we have an opportunity to resolve complaints before they proceed to any relevant authority (including the Commissioner). Please direct all complaints, enquiries and requests for access or corrections to personal information to MMG’s Privacy Officer at the contact details below:

• By post at: Level 23, 28 Freshwater Place, Southbank VIC 3006
• By email: privacy.officer@mmg.com
• By phone: +61 3 9288 0888

If you are not satisfied with how your complaint is handled by us, then you can lodge a formal complaint with the Commissioner at:

• Telephone: 1300 363 992 (if calling from outside Australia including Norfolk Island please call: +61 2 9284 9749)
• National Relay Service:
  − TTY users phone 133 677 then ask for 1300 363 992
  − Speak and Listen users phone 1300 555 727 then ask for 1300 363 992
  − Internet relay users connect to the National Relay Service then ask for 1300 363 992
• Post: Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001
• Fax: +61 2 9284 9666
• Email: enquiries@oaic.gov.au
• Website: http://www.oaic.gov.au/privacy/making-a-privacy-complaint

7. SKILL, DILIGENCE, CARE

At all times, in processing personal information, MMG will exercise the reasonable skill, diligence and care that may reasonably be expected of a similar global resources company.

MMG Terms of Use

Licence

By allowing you to access the website, MMG Limited (ABN 31 150 889 151) and its subsidiaries (“MMG”) grant to you a licence. By accessing the website, you accept the terms and conditions of this licence.

Pursuant to this licence and subject to the absolute right of MMG to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:

• view the material in the website.
• access material contained in the website
• use the website strictly in accordance with the provisions of this licence.

If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so. However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from MMG, and upon payment of any fee required by MMG to be paid by you for that use.

Your obligations

You hereby undertake the following obligations:

• to not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of MMG, except as expressly authorised by this licence.
• to ensure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of the terms and conditions of this licence.
• to not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of MMG.
• to not use the material in the website for, or in connection with, a service bureau operation.

Warranties

MMG does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superceded material in the website will not cause MMG to be in breach of the terms of this licence.

MMG reserves the right to change, add or remove any material in or from the website without notice.

MMG does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded and MMG will not be liable for any direct, special, indirect or consequential damages, losses, expenses or costs arising out of a breach of this licence, the supply of a defective program, or any error, omission or misrepresentation in any material on this website.  If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of MMG for breach of any such implied term will be limited, at the option of MMG, to any one or more of the following:

• the replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
• the repair of such goods or services.
• the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
• the payment of the cost of having the goods repaired or the services performed again.

When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by MMG which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by MMG (which material may be out of date or superceded).

Intellectual Property rights

You acknowledge that the material in the website is the subject of copyright © and that it is the subject of other intellectual property (as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967) and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this licence.

Trade marks

‘MMG ‘ and all associated trade marks, whether registered or unregistered, are trade marks of MMG Limited and its related bodies corporate.

Access to or use of the website does not constitute or create a licence except as expressly provided in these Terms and Conditions or any other right to use MMG’s name, trade marks, copyright or any other intellectual property.

User Content

Users of the website may be permitted to submit content for publication. When you submit content to MMG, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the website.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit, and to authorise third-parties to us, publish and/or transmit your content in any format and on any platform, either now known or hereafter invented.

You acknowledge and agree that when you post content on the website or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of MMG, and MMG does not support or endorse any user content. You acknowledge that MMG have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users of the website.

MMG, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, part or all of your content at MMG’s sole discretion. MMG may remove your content at any time.

MMG accepts no liability in respect of any content submitted by users and published by MMG or by authorised third parties.

You warrant that the content you submit to use is not obscene threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to MMG does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to:

• post content which is deliberately intended to harm MMG or its commercial or community interests;
• use the website to post or transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, or disability;
• post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the website or any computer software or hardware or telecommunications equipment;
• upload or otherwise transmit any content, or take any other factions with respect to your use of the website, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or
• use website for commercial purposes, including, without limitation, submitting any materials to solicit funds or to promote, advertise or solicit the sale of any goods or services.

If you are aged 16 or under, you must obtain your parent or guardian’s permission before you provide any content to MMG. Users without this consent are not allowed to provide us with content.

Indemnity 

You must indemnify and keep MMG indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which MMG may incur to a third party or you as a result of your breach of the provisions of this licence.

This website may contain hyperlinks to other websites operated by third parties. You accept that MMG has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party’s website.

Users are prohibited from placing a link to the website without the prior written consent of MMG and on terms satisfactory to MMG.

Disclaimer

You accept that MMG takes no responsibility for any error or omission relating to the material contained in the website including user content posted on the website.

You accept that MMG makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that MMG will not be held liable for any lapse in the website’s accessibility, or any consequences whatsoever that flow from the unavailability of the website.

Terms of licence

This licence commences upon your accessing the website and is granted in perpetuity. However, the licence may be terminated without notice by MMG if you are in breach of any terms of this licence.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by MMG.

Termination pursuant to this clause shall not affect any rights or remedies, which MMG may otherwise have under this licence or at law.

Amendments to this licence

MMG reserves the right to amend or revise this Terms of Use from time to time. The updated version of this Terms of Use will be posted on the website and will be effective from the date of posting.

It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.

This Terms of Use was last updated in July 2017.

Waiver

Failure or neglect by MMG to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of MMG under this licence.

Jurisdiction

This licence shall be governed by and construed according to the laws of the State of Victoria, Australia.