1) Aim

SQM Australia Pty Ltd (ACN 621 414 659) (SQM, we, our or us) respects your privacy and is committed to protecting and managing your personal information in accordance with privacy laws.

In Australia, the Privacy Act 1988 (Cth) and the Australian Privacy Principles (Privacy Act) apply, however other laws may apply to the extent the personal information is processed in other countries in which we operate.

The purpose of this Privacy Statement is to describe how SQM manages the collection, use, disclosure, protection and disposal of your personal information. It also sets out your rights in relation to your personal information and how you can contact us.

2) Scope

This Privacy Statement relates to personal information collected from individuals who interact with SQM, including but not limited to, our suppliers, contractors, customers, joint venture partners, investors, landowners, industry representatives, users of our website, visitors to our sites and job applicants.

This Privacy Statement does not apply to personal information collected, or otherwise obtained, by SQM in relation to current or former employees and which relates directly to the employment relationship that exists, or existed, between SQM and those employees.

Terms used in this Privacy statement have the same meaning as in the Privacy Act.

3) What is personal information?

Personal information is any information (or opinion) which identifies you or from which your identity can be reasonably ascertained (regardless of form and as to whether the information or opinion is true or not). Personal information also includes sensitive information as defined in Section 8 of this Privacy Statement below.

4) What types of personal information does SQM collect?

The type of personal information that SQM may collect is broad and will depend on the circumstances in question, but may include your name, gender, job title, date of birth, address, phone number, email address or other contact details, signature, nationality, medical records, employment history, qualifications, bank account details, photos, videos, CCTV footage, entry and exit times to our sites, or details of membership to any association or organisation.

SQM may also collect and hold other kinds of personal information as permitted or required by law or other kinds of personal information that we notify you of at or about the time of collection.

5) Collection and holding of personal information

5.1) Collection of Solicited Personal Information

We only collect personal information by lawful and fair means and where reasonably necessary for us to perform our business functions and activities.

Where possible, SQM will collect personal information directly from you. For example, where you submit information to SQM, apply for a job, visit SQM’s website or otherwise interact with SQM.

Sometimes SQM will need to collect your personal information from third parties such as your employer, referees or other persons you authorise to disclose your information to SQM or from publicly available sources. We may also collect and record your image or entry and exit data when you visit one of our sites.

Generally, and where practicable, the primary purpose of the collection will be made clear to you before or at the time of collecting your personal information. A typical purpose for which we may collect personal information may include one or more of the following:

• to assess a potential employee or contractor’s suitability for a particular role;
• to decide or seek approval to engage an employee or contractor, on-board a supplier or enter into a business relationship with a third party;
• to facilitate our internal business and maintain proper business records;
• to contact you should we need to do so;
• to ensure the security and safety of all SQM personnel and property;
• to respond to a complaint or conduct an investigation;
• for statistical reasons, such as recording/monitoring demographics and complying with Australian participation obligations;
• making payment to SQM contractors and suppliers; and
• complying with the obligations of SQM under applicable laws.

We may also collect and use your personal information for another purpose for which you have provided your consent or if there is another legal basis for doing so.

You are under no obligation to provide your personal information to SQM. If you do not want SQM to collect or use your personal information, please notify us at the time we request your personal information. However, without certain information from you, SQM may be limited in the ways in which it can interact with you.

5.2) Collection of Unsolicited Personal Information

From time to time, we may receive personal information that we have not requested. In those instances, we are required to consider if we could have collected that information from you if we had requested it. If we determined we could have collected that information from you and we are able to lawfully use or disclose that information for a secondary purpose or we are required by law or court/tribunal order to retain it, we will manage your personal information in accordance with this Privacy Statement. Otherwise, we will destroy or de-identify that information as soon as it is practicable.

6) Use and disclosure of personal information

Primarily, SQM will use your personal information for the purpose for which it was collected (primary purpose). SQM may use your personal information for a purpose other than its primary purpose, without your consent, when that use is directly related to the primary purpose of collection, or it is otherwise permitted or required by law.

As part of its primary purpose, SQM may be required to share personal information with other parties with which it conducts business, including:

• SQM’s existing or proposed;
• joint venture partners, affiliates, and stakeholders;
• prospective buyers or sellers of all or part of our business;
• service providers such as consultants, recruitment agents, financiers, technology providers, and security and due diligence service providers;
• professional advisors including lawyers, auditors, and accountants;
• contractors that assist SQM to conduct its business activities;
• overseas offices for administration and management purposes; and
• government and law enforcement agencies.

We ensure that any disclosure is limited to what is necessary and allowed by the Privacy Act and/or any other law.

Further, we take steps to ensure that our service providers are obliged to protect the privacy and security of your personal information and only use it for the purpose for which it was disclosed.

7) Related Body Corporate

SQM may disclose your personal information to its Related Bodies Corporates (including SQM S.A. and SQM Potasio SpA) as that term is defined in the Corporations Act 2001. This may include sharing your personal information with SQM entities which are not located in Australia.

SQM’s Related Body Corporates must use such personal information for the original primary purpose for which SQM collected that information, or a related purpose, to the extent permitted by the Privacy Act and/or any other law.

8) Sensitive information

Under the Privacy Act, certain categories of personal information are considered particularly sensitive (sensitive information) and therefore need additional protection.

Sensitive information includes information about racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record, or health records.

SQM does not collect sensitive information without your consent, other than as permitted by the Privacy Act and/or any other law.

9) Anonymity and pseudonymity

Wherever lawful and practicable, SQM respects the right of an individual to remain anonymous, or use a pseudonym, when dealing with SQM. SQM will inform you if this will affect SQM’s ability to interact with you.

10) Security of personal information

The security of your personal information is of utmost importance to us. We take all appropriate action and reasonable precautions to safeguard and protect personal information that we collect from loss, interference, misuse, unauthorised access, modification, or disclosure.

SQM utilises a number of means to protect personal information including:

• external and internal premises security;
• maintaining and reviewing technology;
• training of staff to ensure they are aware of our obligations under privacy laws and our policies and procedures which are designed to keep personal information secure; and
• internal policies with respect to computer usage.

SQM generally stores personal information that we collect in electronic databases which are hosted in our dedicated data centres in Australia, United States of America and Chile.

Our aim is to only keep your personal information for as long as we need it to carry out the purposes described in this Privacy Statement or otherwise as required by law.

11) International/cross-border disclosure of personal information

SQM may use cloud computing solutions and data storage located overseas in which case information may be stored, under our control, on computer servers located outside of Australia (predominantly located in United States of America and Chile).

SQM operates and conducts business in various international locations and may engage global suppliers for the provision of services to the SQM group of companies. As a result, SQM may be required to disclose personal information to parties who are not located in Australia (including but not limited to overseas SQM offices, joint venture partners, service providers) (Overseas Recipient) as part of SQM’s primary functions and activities. The overseas locations may include the People’s Republic of China and Chile. Examples of the type of personal information that may be disclosed by SQM to Overseas Recipients, and the purposes for which SQM may use and disclose such personal information, may be found in Sections 5.1 of this Privacy Statement.

In respect of disclosures to an Overseas Recipient SQM will:

• take such steps as are reasonable in the circumstances to ensure that overseas recipients does not breach the Privacy Act;
• reasonably satisfy itself that the information is subject to an overseas privacy law which protects the information in a similar way to the Privacy Act; or
• obtain your express consent prior to the disclosure of personal information to an Overseas Recipient.

12) Access and correction to personal information

You can request access to your personal information held by us, or request that it be updated or corrected, at any time, by contacting us at the details below. In most circumstances, following verification of your identity, we will provide you with access and endeavour to do so within 30 days of your request. We do not charge a fee 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.

In some circumstances, SQM may refuse you access. These include where SQM is required or authorised to do so by law, or where the request for access may be regarded as frivolous or vexatious. If a request for access is denied, SQM will explain the reason for the denial.

SQM will also take appropriate action to correct any personal information which is deemed to be inaccurate, incomplete, or not up to date.

13) Complaints about breach of Privacy

Complaints regarding SQM’s privacy management, including its refusal to grant access to, or correct, your personal information can be directed via:

Email: nicholas.vickery@sqm.com
Enquiries: Legal Department
Post: PO BOX Z5350 ST GEORGES TCE WA 6831
ABN: 64 621 414 659

At all times, privacy complaints will be treated seriously and will not affect your existing obligations or affect the commercial arrangements between you and SQM.

All complaints will be investigated by an appropriately qualified representative of SQM. We will acknowledge receipt of your complaint within 7 days and 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 the timeliness or result of your complaint, you can refer your complaint to the Office of the Australian Information Commissioner (OAIC) in writing by completing the online Privacy Complaint form on OAIC’s website at https://www.oaic.gov.au/privacy/privacy-complaints/

Alternatively, you may send your completed Privacy Complaint form via:

Email: enquiries@oaic.gov.au
Website: www.oaic.gov.au/privacy
Post: Sydney Office GPO Box 5288 Sydney NSW 2001
Facsimile: +61 2 6123 5145
Enquiries: 1300 363 992. Complaints must be made in writing.

14) Responsibilities within SQM

The Legal Department of SQM is accountable to SQM’s Board of Directors for ensuring that this Privacy Statement is implemented throughout SQM’s operations.

Each Vice President is responsible and accountable for the management and implementation of this Privacy Statement.

15) Changes to the Privacy Statement

SQM reserves the right to amend this Privacy Statement from time to time. Please contact us to obtain a copy of the most recent Privacy Statement.