Candidate Privacy Statement
This Privacy Statement explains how Rio Tinto Group Companies (“Rio Tinto”, “we”, “us”, “our””) will collect, use, and share your Personal Data when you apply for a role or update your profile on our Careers Site.
For purposes of this Privacy Statement, “Personal Data” means information relating to an identified or identifiable natural person, including any personal information or personal data as defined under the applicable privacy or data protection laws, rules, or regulations (Applicable Law). We will only process your Personal Data in accordance with this Privacy Statement unless otherwise required by Applicable Law. We take steps to ensure that the Personal Data we collect about you is adequate, relevant, not excessive, and is processed for limited purposes.
Under the California Consumer Privacy Act (CCPA), applicants who are California residents have specific rights regarding their Personal Data. For more information, please see our “Additional Information for California Residents” below.
In connection with your application to work with us, we may collect, store, and use the Personal Data in the table below, about you. We may also ask that you provide information that may be treated as Sensitive Personal Data, in accordance with Applicable Law, such as racial or ethnic origin, religious or philosophical beliefs, genetic information, and health or disability of our applicants (diversity Information for monitoring equal opportunities, making reasonable adjustments, or information about your criminal record). We will follow all applicable processing restrictions associated with processing such data. Where applicable, we will obtain your consent when any of your Sensitive Personal Data is processed in connection with your job application.
| Type of Personal Data | Description of the Personal Data |
|---|---|
| Contact and communications information |
|
| Biographical, educational, and social information |
|
| Professional or employment relation information |
|
| Government issued identification and identifiers |
|
| Digital or electronic information |
|
| Any other information you choose to provide |
|
| Background checks and references |
|
| Sensitive Personal Data, such as: |
|
In accordance with Applicable Laws, if we require your consent to process or share your Personal Data (including any Sensitive Personal Data) and you do not allow us to process or share that data (including overseas) as intended, then we may not be able to process your application properly or at all.
We may collect Personal Data about you from the following sources:
- You, the candidate;
- Recruitment agency, or internal recruiters;
- Background checks provider;
- Candidate assessment providers;
- Your named referees;
- Publicly available information;
- Health care professionals;
- Our employees that may have referred you for a role.
In China, your Personal Data will be collected by one or more of the
following entities:
- Rio Tinto Trading (Shanghai) Co Ltd (branches in Shanghai and Beijing);
- Rio Tinto Mining Commercial (Shanghai) Co Ltd;
- Rio Tinto Mineral Exploration (Beijing) Co Ltd;
- Rio Tinto Iron & Titanium (Suzhou) Co Ltd;
- Rio Tinto China.
In Mongolia, your Personal Data will be collected by one or more of the
following entities:
- Rio Tinto Holdings LLC;
- Rio Tinto Mongolia LLC;
- Oyu Tolgoi LLC.
Rio Tinto processes Personal Data about applicants for a variety of purposes, as shown below. We typically rely on one of four bases for the processing of your Personal Data: consent, to perform or enter into contractual obligations, to meet legal obligations and/or for our legitimate interests in accordance with Applicable Law. Where we process Sensitive Personal Data, we rely on multiple legal bases. The specific legal bases for a particular processing activity will depend on local law and practice. The examples in the chart below describe our typical legal bases for processing Personal Data where we are subject to the European Union General Data Protection Regulation (GDPR). In some other jurisdictions (such as the United States), we may use consent as the legal basis for fewer or different processing activities than what is stated below.
| Legal Basis to Collect Your Personal or Sensitive Data | Description of Why We Will Process Your Personal or Sensitive Data |
|---|---|
| Consent. This means we will not process your Personal Data without consent, which will be freely given, specific, informed and unambiguous. When we ask you for consent, it will usually involve you:
Should you provide us your consent to process your Personal or Sensitive Personal Data, you may withdraw your consent at any time by emailing us, or clicking the provided button, or using another designated method. In some cases, if consent is not given, or given, and then later withdrawn, then we will be unable process your application. |
We will rely on consent where this is the only legal basis for processing your Personal or Sensitive Data. In some cases, we will be clear with you that we cannot rely on any other basis and if you do not consent, we will be unable to process your application. |
| Legal obligations. We may need to process Personal Data to comply with legal obligations. |
|
| Entering into a Contract with You. |
|
| For the legitimate interests of Rio Tinto this means that we consider whether the processing is necessary for pursuing the legitimate interests of Rio Tinto or by a third party. We will not rely on legitimate interests if we assess that your interests or fundamental rights and freedoms which require protection of your Personal Data override our reliance on legitimate interests. |
|
| Vital Interests |
|
Rio Tinto is a global company with operations in more than 35 countries and may share your Personal Data with affiliates, or partners (such as managed and non managed joint ventures) that are involved in evaluating candidates for a given position around the world. We may also share your Personal Data to the extent necessary to third party service providers such as those who support our recruitment or human resources functions and/or administer our business, other administrative support such as updating or troubleshooting, hosting our web servers, analyzing data, to conform to legal requirements, protect our and third-party property rights and safety, or where you consent. These companies may be located in a country whose data protection legislation is different from your country. In such cases, Rio Tinto will carry out the transfers in accordance with the requirements of the Applicable Laws for the security, confidentiality and lawfulness of the data processing, and in some cases, we may need your further consent. We may also share your Personal Data with a third party in the event of a merger, sale, joint venture, transfer, or other disposition of all or any of our business, assets, or stock, including in connection with bankruptcy or similar proceedings. Under no circumstances, will your Personal Data be made public.
The recipients where we will share, transfer and/or store Personal Data
are:
| Recipient/Delegate (and Country) | Country of Recipient | Purpose of Transfer | Personal Data Transferred | Timing and Method of the Transfer | Use and Retention Period |
|---|---|---|---|---|---|
| Rio Tinto Group Affiliates | Click here for Affiliates and contact details | Business legitimate interest, on a need-to-know basis | Name, role, contact details, employment-related information, Sensitive Data (as and where required) | Frequent, electronic transfer | As per Retention Policy |
| Rio Tinto Joint Venture partners (managed, and non-managed) | EU, UK, US | For talent acquisition and recruiting, business legitimate interest, on a need-to-know basis | Name, role, contact details, employment-related information, Sensitive Data (as and where required) | Frequent, electronic transfer | As per Retention Policy |
| Microsoft 365 Suite | US | Communication and collaboration, SharePoint, Emails | Contact information, employment information | Frequent, real-time, electronic transfer | As per Retention Policy |
| Workday Cloud Solutions Software | Europe | Talent Acquisition and Recruiting Software | Refer to above “What Personal Data is processed?” | Frequent, real-time, electronic transfer | As per Retention Policy |
| Enablon | US | Environment, Health, and Safety Software | Limited contact information of reporter/inputter of incident | Frequent, real-time, electronic transfer | As per Retention Policy |
| Navex | EU | Incident Management and Reporting Software (whistleblowing hotline) | Limited Personal Data of reporter (if provided – usually anonymous), including Sensitive Data dependent on the report or conduct alleged) of the individual that is the subject of the report, and others that may be involved | Frequent, real-time, electronic transfer | As per Retention Policy |
The Application materials allow you to apply for jobs world-wide, as a benefit of Rio Tinto’s centralized global recruitment function. Any hiring or other employment-related decisions will be made by the hiring affiliate in accordance with the laws of the country where the job will be located.
Personal Data will only be processed for as long as this is required for the purposes it was collected for or for the time required and otherwise authorized by law. We will then destroy your Personal Data in accordance with Applicable Laws and pursuant to procedures established in relation to our systems or processes. Retention periods containing Personal Data are based upon the business need, regulatory record keeping obligations in the countries we do business or where you are located, and our legal obligations. Should you require further information, please contact recruitment.support@riotinto.com.
We may also remove Personal Data for inactive accounts from our database, subject to any applicable legal or regulatory obligations.
Depending on your country of residence, you may have certain rights under Applicable Laws. These may include the right to access, correct, update, suppress, restrict, or delete your Personal Data, or object (including, the right to object to automated decision making) to the processing of your Personal Data, as well as nominate an individual who would be able to exercise your rights under the Applicable Laws in the event of your death or incapacity. If you register on our Careers Site, you may access, review, and change your Personal Data stored therein by logging in and updating your account information. Please note, that these rights are not absolute. If you would like to exercise any of your rights or would like to request to receive an electronic copy of your Personal Data, please contact us at recruitment.support@riotinto.com. We may need to request additional Personal Data from you to verify your identity to protect against fraudulent requests.
You can opt out from receiving information from us regarding new opportunities at any time by emailing recruitment.support@riotinto.com or by using the unsubscribe function in emails that you receive. If you have registered on our Careers Site, you may delete your Personal Data stored therein by logging in and deleting your profile. At any time, you can also request for your profile to be removed and for you to no longer be considered for future opportunities. In some countries we may be required by law to hold Personal Data for a prescribed period, and in such circumstances we will delete your profile as soon as we are legally permitted to do so.
Along with our service providers, we may use “Cookies” and similar technologies on the Careers Site to collect certain information. Please click on Cookies settings to update your preferences and read more about how we use Cookies for our business. Our Cookies page on our website contains information on our use of Cookies.
If you have any questions or concerns regarding our use of your Personal Data, or if you wish to exercise any of your rights described in this Privacy Statement, please contact us by emailing recruitment.support@riotinto.com, or by contacting the data protection officer responsible for your country or region, if applicable, here. You may also lodge a complaint with the Data Protection Authority for your country or region if you believe that we have violated any of the rights concerning your Personal Data.
A list of EEA Data Protection Authorities, is available here , and if you are based in the United Kingdom, you may contact the Information Commissioner’s Office here.
We reserve the right to update this Privacy Statement at any time.
Additional Information for California Residents
This section applies, generally, to California Personal Data, referred to in this section as “Personal Information”, that we collect and otherwise process about California residents, in accordance with the California Consumer Privacy Act (CCPA), in the context of managing, storing, or processing your Application and the use of our Career Site. This section does not address or apply to our collection of Personal Information that is not subject to the CCPA, such as consumer credit reports and background checks, publicly available data, or other information that is exempt under the CCPA.
The table below identifies the categories of Personal Information about California residents that we collected, in the past 12 months, as well as the categories of third parties to whom we disclosed the information for a business or commercial purpose.
| Categories | Examples | Categories of Third Parties and Other Recipients to Whom We Disclosed It |
|---|---|---|
| Government-issued Identifiers | Such as social security number, driver’s license, state identification card, passport number and other government identifiers. |
|
| Other Identifiers | Such as name and contact information |
|
| Internet or Other Electronic Network Activity Information | Internet or other electronic network activity information, such as information regarding your interactions with our recruiting website |
|
| Characteristics of Protected Classifications Under California and Federal Law | Such as race or ethnicity, gender, sexual orientation, religion, health information, genetic information, trade union membership, and philosophical beliefs |
|
| Audio, Electronic, Visual, Thermal, or Similar Information | Audio, electronic, visual, or similar information, such as CCTV/video footage, photographs, call recordings, and other audio recordings (e.g., recorded interviews) |
|
| Professional or Employment related Information | Such as performance information, professional membership records, references, assessments records, resumes, cover letters, work history, conduct information, and termination data |
|
| Education Information | Such as degrees earned, educational institutions attended, transcripts, training records and other information about your educational history or background. |
|
We do not “sell” or “share” (as defined by the CCPA) Personal Information or Sensitive Personal Information related to California residents.
- To assess your suitability to undertake certain positions or activities. For example, to record your disclosed medical or physical conditions, limitations, pre-employment or medical and health checks and assessments, and alcohol and drug testing;
- Application review, including assessing your skills, qualifications, and suitability for applicable roles and opportunities;
- Facilitating in-person or online interviews and assessments;
- Future recruitment with your consent to add you to our Talent Community to be considered for other opportunities at Rio Tinto and Affiliates beyond the one(s) for which you apply;
- To carry out background checks, which can include background, credit, and criminal checks;
- To check references you provide to us in relation to your employment history;
- For diversity and inclusion, such as monitoring and fostering equal opportunity in recruitment processes;
- To ascertain whether a potential candidate with a health condition needs reasonable adjustments to be made to the recruitment process (not the role) to allow them to participate;
- To facilitate access or logins;
- Onboarding, human resources planning and management, and creating an Employee Profile after offer acceptance;
- To provide additional assistance and support to you under Equal Opportunity or Discrimination laws (or equivalent);
- To address, manage, and mitigate health and safety at our workplace;
- To take action to protect and defend our rights or property and/or the rights or property of third parties or to protect the public against dishonesty, malpractice or seriously improper conduct, unfitness or incompetence, mismanagement or failures in services provided;
- To meet our legal and regulatory obligations, such as compliance with applicable global laws and regulations;
- Pre-employment medical screening or health checks;
- Drug and alcohol testing;
- Identifying candidates, including by recruiters;
- To monitor access and/or use of Rio Tinto systems and devices, premises, and sites for safety and security;
- Effective management of our business and providing our employees with opportunities;
- For conducting and processing data analytics and/or generating insights for the benefit of Rio Tinto;
- To protect your and someone else’s life. For example, if you are involved in an emergency and you require emergency care or medical treatment or you witness an emergency situation and are able to provide information to us about it;
- To contact you or your family members where appropriate, for compliance with health and safety requirements or during medical emergencies;
- For other activities that further our legitimate interests.
Notwithstanding the purposes described above, we do not collect, use, or disclose Sensitive Personal about you for any purpose for which the CCPA would give you an opt out right due to the sensitive nature of the data.
We retain Personal Information until after we determine that its retention no longer is necessary for the processing purposes described in this notice. Because we may collect and use the same category of Personal Information for different purposes and in different contexts, there is not typically a fixed retention period that always will apply to a particular category of Personal Information. Examples of how long we normally intend to retain California Personal Information for which we are subject to the CCPA in certain situations are set forth below. Data about individuals who reside outside California is handled differently and may be subject to different retention periods.
| Categories of Personal Information Collected About California Residents | Examples of How Long We Plan to Retain Certain Copies of This Data |
|---|---|
| Government-issued Identifiers | For California candidates we chose not to hire, we normally plan to retain their job application, which may contain this kind of personal information, for at least four years for compliance purposes. |
| Other identifiers, such as a real name and contact info | For California candidates we chose not to hire, we normally plan to retain their job application, which would contain this kind of personal information, for at least four years for compliance purposes. |
| Internet or other electronic networking activity information, such as details about your interaction with our recruiting website. | We may retain server logs reflecting California traffic to our recruiting pages for several years for security purposes. |
| Characteristics of protected classifications under California and federal law | For California candidates we chose not to hire, we normally plan to retain responses to equal employment opportunity questions in job applications for four years. |
| Audio, electronic, visual, thermal, or similar information | We typically delete voicemails soon after responding to them or resolving the matter under discussion. |
| Professional or employment related information | For California candidates we chose not to hire, we normally plan to retain their job application, which would contain this kind of personal information, for at least four years for compliance purposes. |
| Education information | For California candidates we chose not to hire, we normally plan to retain their job application, which would contain this kind of personal information, for at least four years for compliance purposes. |
| Biometric information | Typically deleted as soon as the identity authentication is performed. |
You have certain rights under the CCPA with respect to your Personal Information, subject to certain limitations and exceptions:
- The right to delete your Personal Information;
- Know/access: the right to know what Personal Information we have collected about you, including the categories of Personal Information in the last 12 months, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific Personal Information we have collected about you;
- Correct the information we hold about you;
- Opt out of “sales” and “sharing” as defined in the CCPA; however, as discussed above, we do not “sell” or “share” California residents’ Personal Information.
- Limit use/disclosure of Sensitive Personal Information: the right to request to limit certain use and disclosure of Sensitive Personal Information. However, as discussed above, we do not use or disclose California residents’ Personal Information in a manner that would trigger this right.
- Non-discrimination: not to be subject to discriminatory treatment (as defined by the CCPA), including an employee’s or contractor’s right not to be retaliated against for the exercise of their rights under the CCPA.
Please note that the CCPA or other laws may sometimes allow or require us to deny certain requests to exercise CCPA rights. For example, we need to retain certain information to evaluate your application and thus cannot delete it if you want us to continue evaluating your application.
Submitting a CCPA Request
You may submit a request to us at recruitment.support@riotinto.com, or by phoning our free toll number on +1 800 872 6729.
We will take steps to verify your request by matching the information provided by you with the Information we have on our records. Your request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information, or an authorized representative, and describe your request with sufficient details that allows us to properly understand, evaluate, and respond to it. If you are an agent making a request on behalf of an individual covered by this notice, you should follow the submission steps mentioned above, and we reserve the right to take steps to verify that you are authorized to make that request, which may include requiring you to provide us with written proof such as a notarized authentication letter or a legally sufficient power of attorney signed by the data subject pursuant to California Probate Code sections 4121 to 4130, or other written authorization acceptable to us. We also may require the individual to verify their identity directly with us where permitted.
For additional details, or if you have questions about our use of your Personal Information as described in this California section, you may contact us at recruitment.support@riotinto.com.