Credit Reporting Policy

Privacy Policy Highlights | Privacy Policy | Cross Border Disclosures of Personal Information | Credit Reporting Policy

Michael Hill Jeweller Limited and its related companies (which are specified in the Cross Border Disclosure Table) (Michael Hill) are committed to protecting the privacy of individuals and their personal information and comply with the Privacy 1993 (Privacy Act). Personal information collected, used, stored, or disclosed by Michael Hill may include 'credit information', which term is defined in the Credit Reporting Privacy Code (CR Code).

The CR Code contains rules regarding the use and disclosure of credit information by credit reporters (as that terms is defined in the CR Code).

This Credit Reporting Policy forms part of, and should be read in conjunction with, Michael Hill’s Privacy Policy which can be found here

1. What is credit information?

1.1 Credit information includes certain types of personal information that is taken into consideration when you apply for or use credit that has been provided to you including credit offered to you by Michael Hill’s nominated credit providers. Credit information also includes information derived from receiving credit reports about you and other personal information that is credit information as identified in the CR Code.

1.2 When you apply for credit in relation to any products or services you may purchase from Michael Hill, 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 may 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 reporters. 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 credit information from you in relation to your identification, such as your name, address, date of birth, and your driver’s licence details.

2.2 We may also collect the following types of credit information, without limitation:
  • (a) the name of your employer (or former employer)
  • (b) that you have applied for credit, the amount of the credit sought (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) 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 reporters; and
  • (g) any other credit information considered relevant by us or any nominated credit providers.
2.3 As much as possible or unless otherwise provided under this Credit Reporting Policy or the Privacy Act 1993, we will collect your credit 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, unless special circumstances apply including when such information:
  • (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, including under the Privacy Act 1993; or
  • (d) is collected from our contractors, 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.
2.4 You expressly authorise Michael Hill and the nominated credit provider in your credit application, to obtain credit information about you from the types of organisations and individuals listed in paragraph 2.3.

3. The purpose for collecting and using your credit information

3.1 We will only use or disclose the credit information we collect about you for the purposes for which it was collected, as authorised by you, as set out in this Credit Reporting Policy, or as otherwise required or authorised by law, including under the Privacy Act.

3.2 You authorise us to use and disclose your credit information collected in accordance with section 2 above, 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 and services 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 and services you purchase from Michael Hill, 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 and services 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 Michael Hill, which shall include, but is not limited to:
    • (1) any auditing or governance requirements of Michael Hill;
    • (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 entities 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. Disclosure of credit information

4.1 You expressly authorise Michael Hill to disclose your credit information, including any information derived from your credit information, to the following types of organisations outside of Michael Hill. 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 New Zealand serivce providers, including IT service providers, if any;
  • (c) related entities and subsidiaries of Michael Hill, 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 as external debt recovery agents or the appropriate court (depending on the value of the debt), or other entities to whom we are required or permitted by law to disclose personal information; and
  • (g) our contractors and agents, including but not limited to Michael Hill’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.
4.2 You have the right to request that the credit reporter exclude your credit reporting information from pre-screening for direct marketing offers by Michael Hill or the nominated credit provider, which the nominated credit provider may request the credit reporter to perform. You should contact the relevant credit reporter (as indicated by the nominated credit provider) directly if you wish to opt out of direct marketing pre-screenings.

4.3 You also have the right to request that the credit reporter 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 reporter directly should this be the case.

4.4 We may also use or disclose your credit information without seeking your additional authorisation or consent:
  • (a) in connection with any of the purposes identified in section 3 above or for a purpose directly related to any of the purposes identified in section 3 above;
  • (b) if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious threat to an individual’s life, health or safety or to lessen or prevent a serious 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, including in relation to the Privacy Act.
4.5 In the event we propose to use or disclose such credit information other than for reasons set out in this Credit Reporting Policy or as otherwise provided by Michael Hill’s Privacy Policy, we will first seek your authorisation prior to such disclosure or use, unless such use or disclosure is otherwise authorised or required by law.

5. Credit Reporters

5.1 Michael Hill does not provide any credit information to any credit reporter (except in exceptional circumstances); however, the nominated credit provider is likely to disclose your credit information to one or more credit reporter's. 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

We will store any credit information you provide to us, or which we obtain about you, with any other personal information we may hold about you, which shall include but is not limited to the use of paper files, electronic files and databases. As indicated in our Privacy Policy, we do utilise third party service providers to assist us in the storage of your personal information.

7. Overseas Disclosure

7.1 Except as provided by paragraph 7.2, Michael Hill 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 disclose your credit information overseas. Please see our nominated credit providers’ credit reporting policy for further information.

7.2 As indicated in our Privacy Policy, we do utilise overseas service providers in relation to personal information (which may include credit information). Please see our Privacy Policy and Cross Border Disclosure Table for further details.

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 (including under the Privacy Act). You are also entitled to request correction of such credit information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.

8.2 If you would like to request access to or correction of any credit information that we hold about you, you are able to do so by contacting us via the details set out 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 20 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 credit information, please contact us by:
9.3 Please mark your correspondence to the attention of the Privacy Officer.

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.
9.5 We will keep a record of the complaint and any action taken in a register of complaints.

Last Updated: 10/05/2017