Peabody Energy, Inc. (referred to in this document as “Peabody,” “we,” “us,” or “our”) recognizes that your privacy is very important and we are committed to protecting the personal information we collect from you. This Privacy Notice explains how Peabody collects, uses, shares and safeguards personal information on or about individuals (i) who access or use www.peabodyenergy.com (the “Website”), or (ii) who otherwise provide us information.
Types of information collected
We may collect and retain personal information about you, that is, information that can identify you, and is relevant to providing you with the goods and services you are seeking. In particular, we may collect:
(a) names and contact details (including email addresses, addresses, and phone numbers); and
(b) your interests, demographics and experience with our products.
Purpose of collection
The personal information that we collect and hold about you, depends on your interaction with us. However, we only collect and retain personal information when authorized by law, such as when you have provided consent; it is necessary for the performance of a contract or in order to take measures prior to entering into a contract; it is necessary for our compliance with a legal obligation; it is necessary for the purposes of our legitimate interests. Generally, we will collect, use and hold your personal information if it is reasonably necessary for or directly related to the performance of our legitimate interests, functions, and activities, such as for the following:
(a) providing goods and services to you or someone else you know;
(b) providing you with promotional material and information about other goods and services that we, our related entities and other organizations that we have affiliations with, offer that may be of interest to you;
(c) facilitating our internal business operations, including the fulfilment of any legal requirements;
(d) analyzing our goods and services and client needs with a view to developing new or improved goods and services; and
(e) fulfill any other purpose for which you provide it.
Method of collection
Personal information will generally be collected directly from you through the use of any of our standard forms, over the internet, via email, or through a telephone conversation with you. There may, however, be some instances where personal information about you will be collected indirectly because it is unreasonable or impractical to collect personal information directly from you. Generally, we will notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected.
Failure to provide information
As described elsewhere herein, your provision of personal information to us may be necessary for us to satisfy our contractual obligations with you, enter into a contract with you, or provide or offer you with goods or services. If the personal information you provide to us is incomplete or inaccurate, we may be unable to provide you, or someone else you know, with the goods and services you, or they, are seeking.
Internet Users and Cookies
If you access our Website, we may collect additional information about you in the form of your domain name.
Our Website may contain links to other Websites such as those of our distributors and sales representatives. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the privacy practices of linked Websites and linked Websites are not subject to our Privacy Notice.
We make no representations whatsoever about any other Website that may be linking to our Website. Any link from another site to our Website does not mean that we endorse or accept any responsibility for the content or the use of such Website. If you use the other Websites, you do so at your own risk. We make no warranty or representation regarding them, and do not sponsor or endorse any linked Websites, the information or materials appearing on them, or any of the products and services they describe. Links from another Website to this Website does not imply that we are affiliated or associated with the linked site, or that it is authorized to use any trademark, trade name, logo or copyright of ours. In addition, third party Websites may have different privacy policies and you should review them.
Use and Disclosure
Generally, we only use or disclose personal information about you for the purposes for which it was collected (as set out above). We may disclose personal information about you to:
(a) our subsidiaries and affiliates;
(b) contractors, service providers (such as our IT service providers), and other third parties, who assist us in operating our business and providing goods and services you request, and these service providers may not be required to comply with our Privacy Notice;
(c) our related entities and other organizations with whom we have affiliations so that those organizations may provide you with information about goods and services and various promotions;
(d) a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Peabody’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Peabody about our customers, clients, or Website users, is among the assets transferred;
(e) comply with any court order, law, or legal process, including to respond to any government or regulatory request;
(g) protect the rights, property, or safety of Peabody, our customers or others; and
(h) to fulfill the purpose for which you provide it, or for any other purpose disclosed by us when you provide the information.
International Data Transfers
Because we operate globally, we may process your information outside the country in which you are located, including in the United States, and where privacy laws may be less stringent than the laws in your country and where the government, courts, or law enforcement may be able to access your data. Entities within our corporate group are required to comply with our privacy commitments and policies. In addition, we may share the personal information you submit to us to third parties who may be located in a country other than your own, and, where possible, we contractually require any third parties to protect your personal information. By providing your personal information to us, you consent to the transfer of your personal information to a country other than your own.
We store your personal information in different ways, including in paper and in electronic form. The security of your personal information is important to us. We take all reasonable measures to ensure that your personal information is stored safely to protect it from interference, misuse, loss, unauthorized access, modification or disclosure, including electronic and physical security measures.
Generally, we retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Notice, unless a longer retention period is required or permitted by law. This may include retaining your personal information indefinitely, even after the completion of our services, in order to provide you with future marketing opportunities and other purposes, as well as to comply with our legal obligations, resolve disputes, or enforce any of our agreements.
Access and Correction
You may access the personal information we hold about you, upon making a written request. We will respond to your request within a reasonable period. When permitted by law, we may charge you a reasonable fee for processing your request (but not for making the request for access).
We may decline a request for access to personal information in circumstances authorized by applicable law or regulation, including the Australian Privacy Act. If we do, we will give you a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons).
If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up to date.
If we refuse to correct your personal information, we will give you a written notice that sets out our reasons for our refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint.
Complaints and Feedback
If you have any concerns about the way the Peabody has handled your personal information, you have the right to make a complaint by contacting us (see below for contact details). We will promptly consider your concerns and will provide you with a reply outlining our response. If your concern is substantiated, the Company will take reasonable steps to rectify the problem, which may include correcting our records or systemic changes to the way we handle personal information.
Children Under the Age of 13
Our Website is not intended for children under thirteen (13) years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under thirteen (13). If you are under thirteen (13), do not use or provide any information on this Website.
California Privacy Rights
Peabody does NOT share or otherwise disclose personal information provided to us with other businesses for marketing uses. Our Website does NOT use any technologies to collect information about your online activities over time and from across third-party websites or other online services (i.e. behavioral tracking).
If you are located in Australia, the Privacy Act 1988 (Cth) (Privacy Act), and the Australian Privacy Principles (APPs) govern the way in which we must manage your personal information. This Notice sets out how we collect, use, disclose and otherwise manage personal information about you.
If you are located in Australia, we may disclose your personal information overseas to Peabody Energy Corporation or one of its subsidiaries or affiliates located in the United States, the United Kingdom or Asia in order to provide you goods and services or for a legitimate business purpose.
For more information about privacy in Australia, in general, you can visit the Office of the Information Commissioner’s Website at www.oaic.gov.au. If after this process you are not satisfied with our response, you can submit a complaint to the Office of the Information Commissioner. To lodge a complaint, visit the ‘Complaints’ section of the Information Commissioner’s Website, located at http://www.oaic.gov.au/privacy/privacy-complaints, to obtain the relevant complaint forms, or contact the Information Commissioner’s office.
European Union (EU)
The EU’s General Data Protection Regulation (GDPR) and other countries’ privacy laws provide certain rights for data subjects. If you are afforded rights based upon the EU GDPR, then (in addition to the processes and procedures described herein), you may request that we erase your personal information or cease processing it, subject to certain exceptions. You have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. When technically feasible, we will—at your request—provide your personal information to you or transmit it directly to another organization. Peabody does not use personal information provided to us to engage in automated-decision making.
Changes to Our Privacy Notice
It is our policy to post any changes we make to our Privacy Notice on this Website. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the Privacy Notice was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this Privacy Notice to check for any changes.
If you have any questions or concerns about this Privacy Notice or would like to exercise any of the rights described herein, please contact us at:
Peabody Corporate Headquarters
701 Market St.
St. Louis, MO 63101-1826
100 Melbourne Street
South Brisbane, Queensland 4101
+61 7 3225 5500
+61 7 3225 5555 (fax)