Credit Reporting Policy
The Privacy Act and the CR Code contain provisions regarding the use and disclosure of credit information, which applies in relation to the provision of both consumer credit and commercial credit (as defined by the Privacy Act).
1. What is credit information?
1.1 Credit information is information that is taken into consideration when you apply for or use credit that has been provided to you. This will include credit offered to you by Emma & Roe’s nominated credit providers. Credit information also includes information derived from receiving credit reports about you (defined as “CP derived information” under the Privacy Act) and credit eligibility information (as defined under the Privacy Act).
1.2 When you apply for credit in relation to any products you may purchase from Emma & Roe, or where you agree to be a guarantor in relation to such purchase, our nominated credit providers may need to carry out credit reference checks in relation to you. One of the checks undertaken will include, but will not be limited to, obtaining a credit report about you.
1.3 To the extent necessary, you give your express consent to the nominated credit provider to obtain credit reports about you from credit reporting bodies. Please see the nominated credit provider’s credit reporting policy for further information.
2. What kinds of credit information do we collect and hold about you?
2.1 In general we will require information from you in relation to your identification, such as your name, address, date of birth, contact numbers, email address, and your driver’s licence or passport details.
2.2 We may also collect the following types of information, without limitation:
- (a) the name of your employer (or former employer), the number of hours worked and, if applicable, the type of industry you work in;
- (b) that you have applied for credit, the amount of the credit requested (and, if applicable, that is provided to you) and, to the extent applicable, the fact our nominated credit providers have accessed your credit information to assess a relevant application and any other related information;
- (c) details pertaining to your financial position, including but not limited to any bank account details, personal assets, weekly income, share of living expenses, mortgage and loan payments, number of store card and balance payable on store cards;
- (d) if applicable, any bankruptcy (or similar) relating to you;
- (e) if applicable, any opinion the nominated credit provider may have on reasonable grounds that you committed a serious credit infringement in relation to consumer credit that has been provided to you;
- (f) other credit information related to your credit worthiness which is derived by any nominated credit providers or any credit reporting body; and
- (g) any other credit information considered relevant by us or any nominated credit providers.
- (a) is received from any guarantor you have listed on any application form with the nominated credit provider;
- (b) is collected from publically available sources, including but not limited to any court proceeding information, personal insolvency information and credit related publically available information;
- (c) is collected as otherwise required or authorised by law; or
- (d) is collected from our contactors, agents, partners, suppliers or other companies who assist us or the nominated credit provider in processing your application and providing our products and services to you.
3. The purpose for collecting and using your credit information
3.1 We will only use or disclose your credit information for the primary purposes for which it was collected or as consented to or as otherwise set out below.
3.2 You consent to us using your credit information collected in accordance with paragraph 2, to:
- (a) facilitate the purchase of our products and services by you and the administration and management of our products and services, including but not limited to:
- (1) providing any lay-by or layaway plans;
- (2) providing refunds, replacement and servicing of any products purchased;
- (3) 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, if applicable), fraud and collecting debts;
- (b) act as an intermediary for the nominated credit provider in order to facilitate the processing of your application for personal credit in relation to any products you purchase from Emma & Roe, which shall include but is not limited to:
- (1) verifying your identity;
- (2) assessing the suitability of your application for credit, which shall include but is not limited to assessing details of:
- (A) your employment and income details from any employer, accountant or tax agent named in your application;
- (B) assessing guarantors, if any, and processing any details regarding guarantors; and
- (C) any other information considered relevant by the nominated credit provider;
- (c) if applicable, process any warranty or insurance coverage or claim for any products purchased;
- (d) collecting any amounts you may owe us, for example in relation to a lay-by or layaway plans you have with us;
- (e) if applicable, the processing of any guarantee in relation to any type of credit application or any other instance where you have agreed to act as a guarantor;
- (f) the administration and management of Emma & Roe, which shall include, but is not limited to:
- (1) any auditing or governance requirements of Emma & Roe;
- (2) if applicable, assisting the nominated credit provider with the management of credit provided to you; and
- (3) managing our risks and to help identify and investigate illegal activity, such as fraud and serious credit infringements;
- (g) to provide customer service functions, including handling customer enquiries and complaints (which shall include, but is not limited to, any complaints in relation to non-payment of any account with the nominated credit provider);
- (h) provide you with direct marketing communications from us or our related bodies and industry partners (using direct mail, telemarketing, email, SMS and MMS messages);
- (i) to offer you updates, or other content or products and services that may be of interest to you;
- (j) our compliance with applicable laws; and
- (k) any other matters reasonably necessary to continue to provide our products and services to you.
4.1 To the extent necessary, you expressly consent to Emma & Roe disclosing your credit information, including any information derived from your credit information, to the following types of organisations outside of Emma &Roe. Examples of organisations and/or parties that your credit information may be provided to include:
- (a) the nominated credit provider for your credit application;
- (b) offshore and Australian services providers, including IT service providers, if any;
- (c) related entities and subsidiaries of Emma & Roe, which are specified here;
- (d) your financial institution and in some circumstances, our financial institution or other institution through which payment is made to us or the nominated credit provider;
- (e) any guarantor listed on your application form;
- (f) third parties, such external debt recovery agents or the appropriate court (depending on the value of the debt), or other entities to whom we are required by law to disclose personal information; and
- (g) our contractors and agents, including but not limited to Emma & Roe’s third party providers who undertake our bill and/or credit services on our behalf and any companies who assist us in providing our products and services to you.
4.3 You also have the right to request that the credit reporting body not use or disclose credit reporting information it holds about you in circumstances where you reasonably believe that you have been or are likely to be a victim of fraud, including identity-related fraud. You must contact the credit reporting body directly should this be the case.
4.4 We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:
- (a) 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;
- (b) 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;
- (c) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
- (d) if it is required or authorised by law.
5. Credit Reporting Bodies
5.1 Emma & Roe does not provide any credit information to any credit reporting bodies (except in exceptional circumstances); however, the nominated credit provider is likely to disclose your credit information to one or more credit reporting bodies. In this regard, please refer to the nominated credit provider’s credit reporting policy, as provided to you or made accessible to you when you are applying for credit.
5.2 Each credit reporting body is required to have a credit reporting policy which explains how they will manage your credit-related personal information. To view the policy of any of these credit reporting bodies please visit the relevant credit reporting body's website (as indicated in the nominated credit provider’s credit reporting policy) and follow the relevant “Privacy" links, or you can contact them directly for further information.
6. How do we store credit information
7. Overseas Disclosure
7.1 Except as provided by paragraph 7.2, Emma & Roe does not generally disclose credit information overseas, unless you are conducting business overseas or unless one of the types of organisations listed in paragraph 4.1 is based overseas. However, our nominated credit providers may disclosure your credit information overseas. Please see our nominated credit providers’ credit reporting policy for further information.
8. Access to and correction of your credit information
8.1 You are entitled to have access to your credit information relating to you which we possess, except in some exceptional circumstances provided by law. You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.
8.2 If you would like access to or correct any records of personal information or credit information that we have about you, you are able to access and update that information by contacting us via the details set out at in the next section.
8.3 We will need to verify your identity before giving you access to your credit information. We will respond to a request for access within a reasonable period. In relation to credit eligibility information, we will usually provide the information requested within a period of 30 days unless unusual circumstances apply. If we are unable to agree to your request for access, we will advise you of this in writing.
9. Resolving Privacy Complaints
9.1 We have put in place an effective mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.
9.2 If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us by:
- Telephone: 1800 445 590
- Email: email@example.com
- Post: GPO Box 2922, Brisbane Qld
9.4 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 provide the details of the complaint in writing;
- (c) will keep you informed of the likely time within which we will respond to your complaint; and
- (d) will inform you of the legislative basis (if any) of our decision in resolving such complaint.
Last Updated: 15/07/14