Privacy Policy

1. Scope

This Privacy Policy for:

• Emmett Motors (Rupanyup) Pty Ltd ABN 93 004 797 455;

• Emmetts SA Pty Ltd ABN 22 160 224 706;

• Emmett Motors (Horsham) Pty Ltd ABN 91 004 797 479;

• Emmetts Swan Hill Pty Ltd ABN 74 090 419 140; and

• each of their related bodies corporate,

(collectively, the Emmett Group) describes how the Emmett Group seeks to comply with the Privacy Act 1988 (Cth) and manages your personal information, including how we collect, use, disclose, and store your personal information. Unless indicated otherwise, this Privacy Policy applies to all of the Emmett Group's websites, domains, services, and products.

By providing your personal information to us, you consent to the collection, use, disclosure, and storage of your personal information as described in this Privacy Policy.

2. Collection of your information

2.1 Personal information

(a) We only collect personal information necessary for one or more of our functions or activities. Personal information includes information or an opinion, whether true or not, about an individual who is reasonably identifiable from such information or opinion.

(b) We may collect the following types of personal information from you:

(i) information collected from or relating to any John Deere products used by you, whether provided by you directly via www.myjohndeere.com (MyJohnDeere) or whether obtained automatically from any John Deere products (Machine Data). Notwithstanding the foregoing, this Privacy Policy shall only apply to Machine Data to the extent that such Machine Data includes personal information;

(ii) your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers;

(iii) details relating to your employment (if applicable) or your previous employment;

(iv) your date of birth;

(v) proof of your date of birth (including, but not limited to, driver's licence, passport, birth certificate);

(vi) details of insurance policies (if applicable);

(vii) photographs or video footage taken at our premises, which may include you;

(viii) any additional information required for your access to and use of MyJohnDeere;

(ix) any additional information required to provide you with our services;

(x) your username and password to access your online account on our website (if applicable);

(xi) your username and password to access to MyJohnDeere (if applicable);

(xii) 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

(xiii) 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).

2.2 Sensitive information

(a) In limited circumstances, we may also collect sensitive information from you. Sensitive information includes 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 templates.

(b) Depending on the products and/or services you request from us, the main types of sensitive information that we may collect (if any) will usually relate to:

(i) criminal records;

(ii) memberships to a professional or trade association; and

(iii) memberships to a trade union.

(c) We may collect other types of sensitive information where you have consented and agree to the collection of such sensitive information. Generally, we will obtain this type of consent from you at (or around) the point in time in which we collect the sensitive information.

3. Can you choose not to disclose information?

(a) You decide how much personal information you wish to share with us and you may choose not to provide personal information to us at any time.

(b) Depending upon the reason for requiring your personal information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory personal information or any other information we require or if you provide us with inaccurate or incorrect information, we may not have sufficient information to:

(i) provide our products or perform services that you have requested;

(ii) conduct our operations;

(iii) consider your application for employment with us; and

(iv) respond to your enquiry or request.

4. How we collect and hold information

(a) We collect your personal information when you:

(i) communicate with us by email, telephone, in person, or via our website or otherwise;

(ii) apply to work with us or are engaged by us as a contractor; and

(iii) use our websites, products and/or services.

(b) We also collect technical information, which is information from your computer, mobile phone, tablets, and other devices and may include your:

(i) IP address;

(ii) cookie data;

(iii) geolocation;

(iv) date, time, length, and pattern of use;

(v) operating system, model, and type of browser being used; and

(vi) device settings.

(c) As much as possible or unless provided otherwise under this Privacy Policy, we will collect your personal 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.

(d) If we receive unsolicited personal information about you, unless it is reasonably necessary for one or more of our functions or activities, or we are otherwise permitted or required by law to retain it, we will de-identify or destroy it as soon as practical provided it is lawful and reasonable to do so.

5. Purpose of collection, use and disclosure of information

(a) We will only use or disclose your personal information for the primary purpose of conducting our business and for which it was collected or as consented to and/or as set out below.

(b) You consent to us using and disclosing your personal information to facilitate a purpose in connection with:

(i) providing and managing the delivery of our products and services, including processing orders and delivering products;

(ii) where expressly agreed, the provision of a third party's products and services to you;

(iii) 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.

(iv) if required, the verification of your identity;

(v) the verification of your date of birth (if applicable);

(vi) in the case of potential employees, assessing your application for employment with us;

(vii) the provision of our products and services to you, including, without limitation, any servicing and warranty obligations in relation to any products purchased by you;

(viii) to facilitate the administration and management of the Emmett Group, including but not limited to the use of your personal information collected in connection with the administration and management of the Emmett Group;

(ix) 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;

(x) the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our products and services);

(xi) the maintenance and development of our products and services, business systems and infrastructure;

(xii) 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;

(xiii) investigating and reporting information to third parties regarding any accidents or incidents that may have occurred on our premises;

(xiv) 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;

(xv) to provide customer service functions, including handling customer enquiries and complaints;

(xvi) to offer you updates, or other content or products and services that may be of interest to you;

(xvii) our compliance with applicable laws;

(xviii) the sale, and matters in connection with a potential sale, of our business or company to a third party; and

(xix) any other matters reasonably necessary to continue to provide our products and services to you

(c) 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 the Emmett Group as your trade reference.

(d) We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:

(i) 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;

(ii) 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;

(iii) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or

(iv) if it is required or authorised by law.

6. Disclosure of your information

(a) We may disclose your personal information to the members of the Emmett Group and third parties in connection with the purposes described in clause 5. These third parties include:

(i) John Deere Limited ABN 21 008 671 725 and any its related bodies corporate, subsidiaries, contractors, agents or third party providers of John Deere Limited (including its data hosting service providers, who manage the infrastructure used to provide MyJohnDeere);

(ii) Collins Securities Pty Ltd trading as Express Fund ABN 30 004 400 597 and its related bodies corporate, subsidiaries, contractors, agents or third party providers;

(iii) banking or financial institutions that might be required for credit check purposes or for the purchase (or sale) of any John Deere products by you;

(iv) those trade references you have nominated on any credit application form;

(v) our service providers, contractors, and agents who assist us in providing our products and services to you; and

(vi) if required by law, regulatory or enforcement agencies.

(b) If we disclose your personal information to third parties, we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purposes described in clause 5 and in a manner consistent with applicable laws.

7. Photographs and closed circuit television

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, without compensation.

8. Direct marketing

(a) We may use and disclose your personal information for the purpose of direct marketing where you have consented to us doing so or it is otherwise permitted by law. By providing your personal information to us, you consent to us using your personal information for direct marketing purposes.

(b) Direct marketing involves us sending communications directly with you for the purpose of promoting our goods and/or services to you. Direct marketing can be delivered by a range of communications, including email, telephone, or SMS.

(c) You may unsubscribe from our direct marketing communications at any time by using the "unsubscribe" facility included in the email or by contacting us via the details set out in section #.

9. Overseas disclosure

(a) Any personal information provided to us under this Privacy Policy or to John Deere Limited in connection with MyJohnDeere may be:

(i) 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; and

(ii) 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 the Emmett Group.

(b) Except where an exception applies under the Privacy Act 1988 (Cth), we will take reasonable steps to ensure that overseas recipients do not breach the Australian Privacy Principles contained within the Privacy Act 1988 (Cth).

10. How we store and secure your information

(a) We take reasonable steps to ensure that your personal information is secure.

(b) However you acknowledge that the security of personal information transmitted over the Internet cannot be guaranteed. We cannot guarantee that any personal information you disclose to us will not become publicly available. Except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of, or loss or corruption of your personal information.

(c) Nothing in this Privacy Policy restricts, excludes, modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

(d) Please notify us immediately of you become aware of any breach of security.

11. Data retention

(a) We will only retain your personal information to the extent necessary for the purposes described in clause 5.

(b) In certain circumstances, we may retain your personal information for a longer period of time if it is reasonably necessary to comply with our legal obligations, meet our regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, and enforce our terms.

(c) When personal information is no longer required, we will take reasonable steps to delete or de-identify your personal information from our systems.

12. Access to and correction of your information

(a) 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 permitted to retain it in accordance with this privacy policy. However, we may 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.

(b) 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.

13. Third party websites

Our website may redirect you to other websites that our beyond our control. We strongly recommend that you review these websites' separate privacy policies to understand how they will collect, use, disclose, and hold your personal information. This Privacy Policy is strictly limited to our website.

14. Changes to this privacy policy

We reserve the right to modify our Privacy Policy as our business needs require. We will notify you of such changes either through direct communication or by posting a notice on our website. The revised version of the Privacy Policy will be effective at the time we post it, after which, your continued use of our products, services or website or your continued dealings with us shall be deemed to be your acceptance of the modified terms. If you do not agree to our continued use of your personal information due to the changes in our Privacy Policy, please cease using our products, services or website immediately.

15. How to contact us

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:

(a) will liaise with you to identify and define the nature and cause of the complaint;

(b) may request that you detail the nature of the complaint in writing;

(c) will keep you informed of the likely time within which we will respond to your complaint;

(d) will inform you of the legislative basis (if any) of our decision in resolving such complaint; and

(e) keep a record of the complaint and any action taken in the Complaint's Register.

We can be emailed 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. 



Last Updated April 2019