Privacy Policy

PRIVACY POLICY

(Last updated 22 February 2019)

Datamine (together with its subsidiaries and affiliates) is a global provider of geoscience software products and related services (“the Datamine Products”) to the mining industry. It is necessary for us to collect personal information whist conducting our business – we take the privacy and security of this information very seriously, as part of the trusted relationships that we strive to maintain with our customers and business partners.

This Privacy Policy provides information about the principles and practices that Datamine follows in the collection, use and disclosure of personal information, including via the Discovermobile application and our public website https://www.dataminesoftware.com (“the Website”). Throughout this Policy, the terms “Datamine”, “we”, “our” and “us” refer to Datamine Corporate Limited (together with its subsidiaries and affiliates as applicable).

By accessing the Website, using the Datamine Products (including the Discover mobile application) or otherwise dealing with us, you consent to the collection, use and disclosure of your personal information as described in this Policy. We reserve the right to change, modify, or update this Policy at any time, by providing written notice to you.

COLLECTION AND USE OF PERSONAL INFORMATION

Collection of Personal Information

We only collect personal information that identifies you as an individual or that relates to an identifiable person (“Personal Information”) to the extent necessary for us to deliver the Datamine Products, to provide any assistance or information that you request from us, or where collection of the Personal Information is otherwise required or authorised by law. Instances where such information may be collected and processed by Datamine include (but are not limited to):

  • When we provide the Datamine Products to you;
  • During your use of the Datamine Products, including but not limited to accessing certain features of (or Personal Information stored on) your mobile device, when you expressly authorize such access during your use of the Discover mobile application;
  • During your use of the Website or your use of Datamine customer support;
  • When you contact us with a request for information about the Datamine Products, or for technical support or other assistance (information relating to your request may be recorded to assist our support or customer relationship management efforts);
  • When dealing with certain government agencies or departments; and
  • When required by law.

We may collect Personal Information during in-person meetings, via requests for information included in the Datamine Products or via written (including email), telephone or other methods of communication. In general, we collect and process your Personal Information when you knowingly provide it to us, such as:

  • Name;
  • Job Title;
  • Contact information such as your email address, telephone number and physical address;
  • Company name and business information;
  • Geographical location (for example, when you expressly authorise access to geolocation services in connection with your use of the Discover mobile application);
  • Details of the Datamine Products that you use or may be interested in using;
  • Affiliation with Datamine (customer, vendor etc); and
  • Correspondence with Datamine (correspondence may be retained in order to maintain a record of services provided, or to assist in the development of our staff or products).

If you purchase Datamine Products from us, then you may be required to provide financial information for ordering and invoicing purposes.

Datamine generally only collects Personal Information directly from you, however Datamine may collect Personal Information from third parties with your consent or as otherwise authorised by law. Additionally, Datamine may automatically collect or process certain items of Personal Information (such as your Internet domain or IP address) as part of the operation of the Website or the Datamine Products (including the Discover mobile application).

Consent

When we collect Personal Information from you, we will take such steps that are reasonable in the circumstances to ensure that you are aware of:

  • our contact details;
  • the purpose(s) for which the Personal Information was collected;
  • any legal requirement on our part to collect the Personal Information;
  • your rights to access the Personal Information we have collected; and
  • the possible consequences of us not disclosing Personal Information when required to do so.

We will ask for consent to collect, use or disclose Personal Information, except in specific circumstances where collection, use or disclosure without consent is authorised or required by law. We may assume your consent in cases where you voluntarily provide information for a particular purpose. We may not be able to provide the Datamine Products (or otherwise assist you) if you are unwilling to consent to the collection, use or disclosure of certain Personal Information.

You may withdraw consent to the use and disclosure of your Personal Information at any time, unless the Personal Information is necessary for us to fulfil our legal obligations. Further details are provided in the “Your Rights” section below.

If you are under 15 years of age, then please do not provide us with your Personal Information.

Use of Personal Information

We process and use your Personal Information so that we can communicate with you about the Datamine Products, respond to any enquiries or requests for information that you make, and otherwise administer the Datamine Products we provide to you. These communications may relate to software upgrades, feature enhancements, any issues identified with the software or information about other Datamine Products. We also use your Personal Information in order to execute and manage any agreements we may have with you, including to send administrative information to you (for example, notices regarding any changes to our terms, conditions and policies), or to enable us to comply with any legal obligations.

We use your Personal Information to send you newsletters or other marketing or informational communications, where you have consented to receive those communications. We may use your Personal Information to inform you about upcoming events conducted by Datamine such as public training courses, information sessions and user conferences (and allow you to register to attend those events if applicable). If at any time you notify us that you do not wish to receive these communications, then we will remove your Personal Information from our marketing lists.

We may also process and use your Personal Information for our internal business purposes such as data analysis, audits, fraud monitoring and prevention, developing or enhancing the Datamine Products (or developing new products or services), identifying usage trends, determining the effectiveness of marketing campaigns and operating and expanding our business activities generally.

Other Uses

We may use or disclose your Personal Information as we believe to be necessary: (a) under applicable law (including laws applicable outside of your country of residence); (b) to comply with legal process; (c) to respond to requests from government authorities (including authorities outside of your country of residence); (d) to enforce our terms and conditions or in response to activities that are unlawful; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Sensitive Information

We do not knowingly collect sensitive Personal Information from you (such as tax file or social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership). We request that you do not disclose any sensitive Personal Information to us, whether via the Website or otherwise.

SHARING OF PERSONAL INFORMATION

How Personal Information is Shared with Third Parties

We may disclose Personal Information to third parties that are engaged to assist us in operating our business or providing the Datamine Products to you (such as website hosting, data analysis, payment processing, order fulfilment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services). In addition, we may use, disclose or transfer your Personal Information to a third party in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or share capital (including in connection with any insolvency or similar proceedings).

Other than with your consent, we will not sell, trade, or disclose your Personal Information to third parties for the purpose of marketing products or services to you. Except as otherwise set out in this Policy, Datamine will not share your Personal Information with any third party without your explicit permission for each such disclosure.

Sharing with Datamine Affiliates

We may share your Personal Information with our affiliates, where disclosure is required for the purposes described in this Policy. To the extent that these entities have access to your Personal Information, they will follow privacy practices no less protective than the practices described in this Policy, to the maximum extent permitted by law.

OTHER INFORMATION

Other Information” means any information that does not reveal your specific identity or does not directly relate to an individual, such as:

  • Browser, network and device information;
  • Software usage data;
  • Data stored on or accessible via a mobile device on which you access the Discover mobile application, where that data does not constitute Personal Information as outlined above;
  • Information collected through cookies, pixel tags and other technologies; and
  • Demographic information and other information provided by you that does not reveal your specific identity.

Collection of Other Information

We and our service providers may collect Other Information in several ways, including:

  • Through your browser or device: Certain information is collected by web browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type, screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version of the Datamine Products you are using. We use this information to ensure that the Datamine Products continue to function properly and that the service that we provide to you is not compromised.
  • Use of cookies: A cookie (also known as a HTTP cookie) is a small piece of data sent from a website to your web browser. Your browser will store this cookie and return it to the website server when you browse pages on the website. Cookies are used to remember the ‘state’ of activities performed on the website. The Datamine Website only uses “session cookies”. These cookies will expire at the end of your browsing session. Datamine only uses these cookies to ensure a consistent experience while using the Website. Datamine does not use these cookies for tracking, marketing or advertising. Further to this, we do not use permanent cookies or flash cookies as part of our Website service. You have the right to “opt out” of the use of cookies on the Website to identify you. To prevent the use of cookies on the Website, please follow the instructions of your web browser.

Use and Disclosure of Other Information

We may use and disclose Other Information for any purpose, except where use or disclosure is restricted under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information under this Policy.

In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated as Personal Information in its entirety, for as long as it is combined.

SECURITY AND RETENTION

We have implemented appropriate technological and operational security processes to protect all data held by us from loss, misuse, alteration or unintentional destruction. We make every reasonable effort to prevent any loss, misuse or unauthorised disclosure, modification or access to your Personal Information. While no security measure can provide a guarantee against compromise, we regularly review and update our security measures in an effort to provide appropriate security for all Personal Information held by Datamine.

We retain Personal Information only for as long as is reasonable to do so, to fulfil the purposes for which the information was collected or for other legitimate legal or business purposes. We use appropriate security measures when destroying or permanently de-identifying Personal Information when it is no longer required for the purposes for which we are authorised to use it.

If you have reason to believe that your communications with Datamine are no longer secure, then please notify us in accordance with the “Contacting Us” section below as soon as possible.

Disclosure of Personal Information to Overseas Recipients

Datamine is an international software business and we may disclose Personal Information to any of our global affiliates or other third parties, where required for the purposes set out in this Policy. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and you consent to the transfer of your Personal Information to countries outside of your country of residence, including but not limited to Australia, the United Kingdom and the United States, which may have data protection rules that are different from those of your country of residence. Where Personal Information is transferred between Datamine affiliates and/or to authorised third parties located outside of your country of residence, we take appropriate measures to ensure that your Personal Information is exclusively processed for the purposes set out in this Policy and that all reasonable levels of protection have been implemented in order to safeguard your Personal Information.

YOUR RIGHTS

We make every reasonable effort to ensure that your Personal Information is up-to-date, accurate and complete. We rely on you to notify us if there is a change to your Personal Information – If you are aware of an error in our information about you, then please notify us and we will correct it on request wherever possible.

You may request access to your Personal Information held by us, request correction or deletion of your Personal Information (but only where it is no longer required for a legitimate purpose), or request that the processing of your Personal Information is restricted. For any requests related to the above, please contact us in accordance with the “Contacting Us” section below.

We will delete backup copies of your Personal Information from our backup archives as soon as (and to the extent that is) reasonably and practically possible and to the extent allowed by our other data retention obligations (for example, to protect other data stored in the same backup archives, or meet other regulatory or legal requirements).

In your request, please make clear what Personal Information you would like access to, and your purpose for making the request. For your protection, we may need to verify your identity before implementing your request.

LINKED WEBSITES

We may provide links to third-party websites. Since we do not control these websites, we encourage you to review the privacy statement posted on these (and all) third-party sites. Datamine is not responsible for the privacy policies or practices of websites and services controlled by companies or organisations other than Datamine. The inclusion of a link on the Datamine Website does not imply an endorsement of the linked website or service by Datamine or its affiliates.

GDPR COMPLIANCE

The General Data Protection Regulation 2016/679 (“GDPR”) was introduced during May 2018 in the European Economic Area (“EEA”). If and to the extent that Datamine collects, processes and uses your Personal Information subject to the GDPR, Datamine relies on its legitimate interests as described in this Policy as a lawful basis for processing your Personal Information. Datamine is classified as a “Data Controller” for the purposes of the GDPR.

Many rights arising under the GDPR are addressed elsewhere in this Policy (for example, rights to access, correct or restrict processing of your Personal Information, or to have your Personal Information deleted). However If you are located within the EEA then you may have additional rights arising under the GDPR, including but not limited to rights regarding data portability (to transfer your Personal Information to another company or organisation) and to lodge a complaint with a supervisory authority in your country of residence.

If you are a resident of the EEA and believe that we maintain your Personal Information subject to the GDPR, then you may direct any queries or complaints to the Datamine Data Protection Officer via the “Contacting Us” section below.

CONTACTING US

We are committed to protecting the privacy and security of your Personal Information. If you would like to make a request in accordance with this Policy (or if you are dissatisfied with the manner in which we collect, process, use or disclose your Personal Information) then please contact us via the details listed below:

Att: Data Protection Officer

Datamine Australia Pty Ltd

Level 10, 167 Eagle Street

Brisbane QLD 4000

Tel: +61 7 3248 0000

E: privacy@dataminesoftware.com