EMMETT MOTORS (RUPANYUP) Proprietary Limited (ABN 93 004 797 455)
EMMETT MOTORS (RUPANYUP) Proprietary Limited trading as EMMETTS WARRACKNABEAL (ABN 93 004 797 488)
EMMETT MOTORS (HORSHAM) Proprietary Limited (ABN 91 004 797 479)
EMMETTS SWAN HILL Pty. Ltd. (ABN 74 090 419 140)
The Emmett Group and their Related Bodies Corporate (as defined by s9 of the
Corporations Act 2001 (Cth)
We are bound by the Privacy Act 1988 (Cth), which governs the way private sector organisations
collect, use, keep secure and disclose personal information.
- how and when our Organisation collects personal information;
- how our Organisation uses and discloses personal information;
- how our Organisation keeps personal information secure, accurate and up-to-date;
- how an individual can access and correct their personal information; and
- how our Organisation will facilitate or resolve a privacy complaint.
If you have any concerns or complaints about the manner in which your personal information
has been collected, used or disclosed by us, we have put in place an effective mechanism
and procedure for you to contact us so that we can attempt to resolve the issue or complaint.
In order to resolve a complaint, we:
- will liaise with you to identify and define the nature and cause of the complaint;
- may request that you detail the nature of the complaint in writing;
- will keep you informed of the likely time within which we will respond to your complaint;
- will inform you of the legislative basis (if any) of our decision in resolving such complaint; and
- keep a record of the complaint and any action taken in the Complaint's Register.
We can be e-mailed through the contacts page at www.emmetts.com.au or write to us at PO
Box 644, Horsham, Victoria, 3402 and our privacy officer will then attempt to resolve the
issue. We recommend that you keep this information for future reference.
- What Is Personal Information?
The Privacy Act 1988 (Cth) defines "personal information" to mean information or
an opinion, whether true or not, and whether recorded in a material form or not,
about an individual whose identity is reasonably identifiable, from the information
- What Is Sensitive Information?
Sensitive information is a subset of personal information. It means information or
opinion about an individual's racial or ethnic origin, political opinions, membership
of a political organisation, religious beliefs or affiliations, philosophical beliefs,
membership of a professional or trade association, membership of a trade union,
sexual orientation or practices, criminal record, health information about an
individual, genetic information, biometric information that is to be used for the
purpose of automated biometric verification or biometric identification or biometric
- Collection Of Your Sensitive Information
In general, we attempt to limit the collection of sensitive information we may collect
from you, but depending on the uses you make of our products this may not
always be possible and we may collect sensitive information from you in order to
carry out the services provided to you. However, we do not collect sensitive
information from you without your consent.
The type of sensitive information we may collect from you or record about you is
dependent on the services provided to you by us and will be limited to the
purpose(s) for which it is collected. We do not use sensitive information to send
you Direct Marketing Communications (as defined in paragraph 8 below) without
your express consent.
We may collect certain types of sensitive information where you have consented
and agree to the collection of such information. Generally speaking, we will obtain
this type of consent from you at (or around) the point in time in which we collect
The main type of sensitive information that we may collect (if any) will usually
the criminal record of an individual and
membership of a professional or trade association;
membership of a trade union
- Collection Of Your Personal Information
We only collect personal information that is necessary for what we do. The type of
information we may collect from you includes (but is not limited to) the following:
information collected from or relating to any John Deere products used by you
in relation to your property, whether provided by you directly via
www.myjohndeere.com (MyJohnDeere) or whether obtained automatically
from any John Deere products (Machine Data, as further defined in Annexure
Machine Data to the extent that such Machine Data includes personal
your contact information such as full name (first and last), e-mail address,
current postal address, delivery address (if different to postal address) and
details relating to your employment (if applicable) or your previous
your date of birth;
proof of your date of birth (including, but not limited to, driver's licence,
passport, birth certificate);
details of insurance policies, if applicable;
photographs or video footage taken at our premises, which may include you;
any additional information required for your access to and use of
any additional information required to provide you with our services;
your username and password to access your online account on our website, if
your username and password to access to MyJohnDeere, if applicable;
your opinions, statements and endorsements collected personally or via
surveys and questionnaires, including but not limited to your views on the
products and services offered by us; and
if you are requesting products or services from us or we are purchasing goods
or services from you, then any relevant payment or billing information
(including but not limited to bank account details, direct debit, credit card
details, billing address, repayment information and invoice details).
will collect your information directly from you. If we collect details about you from
someone else, we will, whenever reasonably possible, make you aware that we
have done this and why.
When you engage in certain activities, such as entering a contest or promotion,
filling out a survey or sending us feedback, we may ask you to provide certain
information. It is completely optional for you to engage in these activities.
Depending upon the reason for requiring the information, some of the information
we ask you to provide may be identified as mandatory or voluntary. If you do not
provide the mandatory data or any other information we require in order for us to
provide our services to you, we may be unable to effectively provide our services
If you use our website, we may utilise "cookies" which enable us to monitor traffic
patterns and to serve you more efficiently if you revisit our website. You can set
your browser to notify you when you receive a cookie and this will provide you with
an opportunity to either accept or reject it in each instance.
We may gather your IP address as part of our business activities and to assist with
any operational difficulties or support issues with our services. This information
does not identify you personally.
- How We May Use And Disclose Your Personal Information
We will only use or disclose your personal information for the primary purposes
for which it was collected or as consented to and/or as set out below.
You consent to us using and disclosing your personal information to facilitate a
purpose in connection with:
- your access to and use of MyJohnDeere, which may include but is not limited
to using your personal information, including any Machine Data for remote
display access, wireless data transfer, soil and environment monitoring,
analysis services, equipment diagnostic, remote servicing or any other services
provided via MyJohnDeere.
- if required, the verification of your identity;
- the verification of your date of birth, if applicable;
- the provision of our products and services to you, including, without limitation,
any servicing and warranty obligations in relation to any products purchased by
- to facilitate the administration and management of our Organisation, including
but not limited to:
- the use of your personal information collected in accordance with paragraph
4.1 in the administration and management of our Organisation;
- the administration and management of our products and services, including
charging, billing, credit card authorisation and verification, checks for financial
standing, credit-worthiness (including but not limited to undertaking an
assessment for credit loss and obtaining credit references from the trade
references which have been nominated by you on any credit application form,
if applicable), fraud and collecting debts;
- the improvement of our services (including to contact you about those
improvements and asking you to participate in surveys about our products and
- the maintenance and development of our products and services, business
systems and infrastructure;
- co-ordinating, managing and maintaining good order and security of our staff
and our premises, which shall include but is not limited to protecting the rights
and safety of other parties on our premises;
- investigating and reporting information to third parties regarding any accidents
or incidents that may have occurred on our premises;
- marketing and promotional activities by us and our related bodies (including by
direct mail, telemarketing, email, SMS and MMS messages) such as our
customer loyalty programs and newsletters;
- to provide customer service functions, including handling customer enquiries
- to offer you updates, or other content or products and services that may be of
interest to you;
- our compliance with applicable laws;
- the sale, and matters in connection with a potential sale, of our business or
company to a third party; and
- any other matters reasonably necessary to continue to provide our products
and services to you
- You acknowledge and agree that we may obtain personal information from the
trade references nominated by you on your credit application form, if applicable.
We may also disclose personal information to those third parties where you have
nominated our Organisation as your trade reference.
- We may also use or disclose your personal information and in doing so we are not
required to seek your additional consent:
- when it is disclosed or used for a purpose related to the primary purposes of
collection detailed above and you would reasonably expect your personal
information to be used or disclosed for such a purpose;
- if we reasonably believe that the use or disclosure is necessary to lessen or
prevent a serious or imminent threat to an individual's life, health or safety or to
lessen or prevent a threat to public health or safety;
- if we have reason to suspect that unlawful activity has been, or is being,
engaged in; or
- if it is required or authorised by law.
- In the event we propose to use or disclose such personal information other than
for reasons in 5.1, 5.2, and 5.3 above, we will first seek your consent prior to such
disclosure or use.
- If you have received communications from us and you no longer wish to receive
those sorts of communications, you should contact us via the details set out at the
top of this document and we will ensure the relevant communication ceases. Any
other use or disclosure we make of your personal information will only be as
otherwise with your consent.
- The Types Of Organisations To Which We May Disclose Your Personal Information
- We may disclose your personal information to other organisations outside of our
Organisation. Examples of other organisations and/or parties that your personal
information may be provided to include:
- John Deere Limited and any related entities, subsidiaries, contractors, agents
or third party providers of John Deere Limited (including its data hosting
service providers, who manage the infrastructure used to provide
- offshore service providers, if any;
- related entities and subsidiaries of our Organisation;
- third parties, such as banking or financial institutions, that might be required for
credit check purposes or for the purchase (or sale) of any John Deere products
- those trade references you have nominated on any credit application form; and
- our contractors and agents or other companies who assist us in providing our
products and services to you.
- Your personal information is disclosed to these other organisations and/or parties
only in relation to the goods or services we provide to you or for a purpose
- We take such steps as are reasonable to ensure that these other organisations
- Photographs And Closed Circuit Television
- As indicated in paragraph 4.1(g), we may take photographs of you attending our
premises, and we may wish to use them for marketing and advertising purposes.
Unless you advise us otherwise, you expressly agree and consent to the use of
any photographs, which may include you, for the aforementioned purposes,
- Direct Marketing
- You expressly consent to us using your personal information, including any email
address you give to us, to provide you with information and to tell you about our
products, services or events or any other direct marketing activity (including third
party products, services, and events) (Direct Marketing Communications) which
we consider may be of interest to you.
- Without limitation clause 8.1, if it is within your reasonable expectations that we
send you Direct Marketing Communications given the transaction or
communication you have had with us, then we may also use your personal
information for the purpose of sending you Direct Marketing Communications
which we consider may be of interest to you.
- If at any time you do not wish to receive any further Direct Marketing
Communications from us, you may ask us not to send you any further information
about products and services and not to disclose your information to other
organisations for that purpose. You may do this at any time by using the
"unsubscribe" facility included in the email or by contacting us via the details set
out at the top of this document.
- Cross Border Disclosure
- Any personal information provided to us or to John Deere Limited in connection
with MyJohnDeere may be transferred to, and stored at, a destination outside
Australia, including but not limited to the United States of America, where we or
John Deere Limited may utilise overseas data and website hosting facilities or
where we or John Deere Limited may have entered into contractual arrangements
with third party service providers to assist us, or John Deere Limited, with
providing MyJohnDeere or our goods and services to you. Personal information
may also be processed by staff or by other third parties operating outside Australia
who work for us, John Deere Limited or for any suppliers, agents, partners or
related companies of John Deere Limited or our Organisation.
- By submitting your personal information to us you expressly agree and consent to
the disclosure, transfer, storing or processing of your personal information outside
of Australia. In providing this consent, you understand and acknowledge that
countries outside Australia do not always have the same privacy protection
obligations as Australia in relation to personal information. However, we will take
steps to ensure that your information is used by third parties securely and in
- The Privacy Act 1988 requires us to take such steps as are reasonable in the
circumstances to ensure that any recipients of your personal information outside of
Australia do not breach the privacy principles contained within the Privacy Act
1988. By providing your consent, under the Privacy Act 1988, we are not required
to take such steps as may be reasonable in the circumstances. However, despite
this, we acknowledge the importance of protecting personal information and, as
set out above; have taken reasonable steps to ensure that your information is
used by third parties securely and in accordance with the terms of this privacy
- Data Quality And Security
- We have taken steps to help ensure your personal information is safe. You will
appreciate, however, that we cannot guarantee the security of all transmissions or
personal information, especially where the Internet is involved.
- Notwithstanding the above, we will take reasonable steps to:
- make sure that the personal information we collect, use or disclose is accurate,
complete and up to date;
- protect your personal information from misuse, loss, unauthorised access,
modification or disclosure both physically and through computer security
- destroy or permanently de-identify personal information if it is no longer
needed for its purpose of collection.
- However, the accuracy of personal information depends largely on the information
you provide to us, so we recommend that you:
- let us know if there are any errors in your personal information; and
- keep us up-to-date with changes to your personal information (such as your
name or address).
- Access To And Correction Of Your Personal Information
- You are entitled to have access to any personal information relating to you which
we possess, except in some exceptional circumstances provided by law. You are
entitled to edit such information unless we are required by law to retain it or
keep track of past transactions for our accounting and audit requirements.
Furthermore, it may be impossible to completely delete your information because
some information may remain as backups.
- If you would like to access or correct any records of personal information we have
about you, you are able to access or update that information (subject to the above)
by contacting us via the details set out at the top of this document. We reserve the
right to charge a fee for searching for and providing access to your information.
- By using our website (as may be applicable) or by accepting the terms of one of
We will notify you of such changes (whether by direct communication or by posting
a notice on our website), after which, your continued use of our products, services
or website or your continued dealings with us shall be deemed to be your
agreement to the modified terms. If you do not agree to our continued use of your
via the details set out at the top of this document.