At Michael Hill, we want your online and in-store experience to be enjoyable and we take care to respect your privacy when you visit our website and our stores. We endeavour to handle your personal information responsibly and to act fairly and honestly with all our customer transactions. We do this gladly because we know that if you have a good experience with us, you will want to visit our website and our stores again... and maybe even tell your friends about us.
- how and when we collect personal information;
- how we use and disclose personal information;
- how we keep personal information secure, accurate and up-to-date;
- how an individual can request access to and correction of their personal information; and
- how we 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. Please see Section 13 (Resolving Privacy Complaints) for further details.
Our privacy officer can be emailed at email@example.com or written to at 7 Smallwood Place, Murarrie QLD Australia 4172. Our privacy officer will then attempt to resolve the issue. We recommend that you keep this information for future reference.
1. What is personal information?
The Privacy Act 1993 defines “personal information” to mean information about an identifiable individual.
2. The kinds of personal information collected, used and disclosed by Michael Hill
At or around the time we collect personal information from you, we will endeavour to tell you how we will use and disclose that specific information.
We set out some common collection, use and disclosure instances in the following table. You authorise us to collect, use and disclose your personal information for the purposes set out in that table. Please note that the Michael Hill Brilliance program row below is only relevant if you apply to be a member of Michael Hill’s Brilliance customer loyalty program.
|Type of Information||Uses||Disclosures|
Sales and enquiries (online and in-store)
||In summary, we may disclose this type of personal information to:
Marketing services which includes social media
||We may disclose your personal information to:
||We may disclose your personal information to:
Michael Hill Brilliance program
The types of uses we will make of personal information collected for this type of purpose include:
The types of disclosures we will make of personal information collected for the type of purposes listed include, without limitation, to:
3. How Michael Hill collects and holds personal information
3.1 Collection generally
When you engage in certain activities online or in-store, such as entering a contest or promotion, applying to become a member in the Michael Hill Brilliance program, 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 information or any other information we require in order for us to provide our products or services to you, we may be unable to provide our products or services to you in an effective manner, or at all.
3.2 Other collection types
We may also collect personal information about you from other sources, such as competitions and also from third parties. Some examples of these alternative collection events are:
- (a) trade promotions, competitions and games (whether in-store or online), including those run by us or run by third parties who participate with us;
- (b) when we collect personal information about you from someone you know, such as someone who buys a gift for you and your personal information is provided in connection with the purchase of that gift;
- (c) when we use digital devices and applications to automatically collect information about the digital devices you use near our stores or to otherwise interact with us;
- (d) when we collect personal information about you from a referee provided by you on an application made with us;
- (e) when we collect personal information about you from credit reporters, in connection with any credit applications made with us or through us as an agent for a third party credit provider;
- (f) when we collect personal information about you from third parties (including other retailers) as part of a co-promotion that we participate in; or
- (g) when we collect personal information about you from publicly available sources including but not limited to court judgments, directorship and bankruptcy searches, New Zealand Post, White Pages directory, and social media platforms (such as Facebook, Twitter, Google, Instagram etc).
3.3 Notification of collection
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 as described in clauses 3.3(a) to 3.3(d) below. Generally speaking, we will not tell you when we collect personal information about you in the following circumstances:
- (a) where personal information is collected from third party credit reporters;
- (b) where personal information is collected from any credit referee, trade referee or personal referee you have listed on any application form (including any employment application) with Michael Hill;
- (c) where personal information is collected from publicly available sources including but not limited to court judgments, directorship and bankruptcy searches, social media platforms (such as Facebook, Twitter, Google, Instagram etc); or
- (d) as otherwise required or authorised by law, including under the Privacy Act 1993.
3.4 Unsolicited personal information
In the event we collect personal information from you, or a third party, in circumstances where we have not requested or solicited that information (known as unsolicited information), and it is determined by Michael Hill (in its absolute discretion) that the personal information is not required, we will destroy the information or ensure that the information is modified so that you cannot be identified.
In the event that the unsolicited personal information collected is in relation to potential future employment with Michael Hill, such as your CV, resume or candidacy related information, and it is determined by Michael Hill (in its absolute discretion) that it may consider you for potential future employment, Michael Hill may keep the personal information on its human resource records.
3.5 How we hold your personal information
Once we collect your personal information, we will either hold it securely and store it on infrastructure owned or controlled by us or with a third party service provider who have taken reasonable steps to ensure they comply with the Privacy Act 1993. We provide some more general information on our security measures in Section 11 (Data security and quality).
4. Uses and disclosures of personal information
4.1 Use and disclosure details
We provide a detailed list at Section 2 of some common uses and disclosures we make regarding your personal information that we collect. You authorise us to collect, use, and disclose your personal information for the purposes set out in section 2.
4.2 Other uses and disclosures
We may also use or disclose your personal information without seeking your additional authorisation:
- (a) in connection with any of the purposes identified in Section 2 or for a purpose directly related to any of the purposes identified in Section 2;
- (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, including under the Privacy Act 1993.
4.3 Use and disclosure procedures
5. Direct Marketing
5.1 Express informed consent
You give your express and informed consent to us using your personal information set out in:
- (a) the “Sales and enquiries (ecommerce and in-store)” row of the table at Section 2 of this document above;
- (b) the “Credit services” row of the table at Section 2 of this document above; and
- (c) the “Marketing services which include Social Media” row of the table at Section 2 of this document above.
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) which we consider may be of interest to you, whether by post, email, SMS, MMS, messaging applications and telephone ("Direct Marketing Communications").
By applying to become a member in the Michael Hill Brilliance program, you give your express and informed consent to us using your personal information set out in the "Michael Hill Brilliance program"row of the table at Section 2 of this document above.
5.2 Inferred consent
Without limitation to paragraph 5.1, if we reasonably infer that you consent to receiving Direct Marketing Communications (e.g. not opting out where an opt-out opportunity has been provided to you or based on the transactions or communications 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 or others under this Section 5, 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 Direct Marketing Communication (if any) or by contacting us via the details set out at the top of this document. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending such Direct Marketing Communication need not include a functional unsubscribe facility in that communication.
6. Online Information
6.1 Online information generally
We endeavour to provide clear, complete and up-to-date information online about our business and the products and services we offer. This includes how to get in touch with us. This information helps you to make informed choices.
6.2 Online contracts and ecommerce
We keep records of online contracts, including when we accept one or more of your offer(s) to purchase products or services using our website. Our system also helps you to keep an accurate record so there is no confusion about the contract.
If you have a problem with any of our products or services that you receive from us, our website provides further information about how to make a complaint, obtain redress or pursue dispute resolution. We can be emailed at firstname.lastname@example.org if there is a problem.
6.3 Collections of personal information via linked websites
6.4 Uses and disclosures for cross border shipments
If you engage in electronic commerce on this website (i.e. when you purchase our products or services), please be aware that cross border shipments are subject to opening and inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may provide certain order, shipment and product information (such as name and titles) to our international carriers and such information may be communicated by the carriers to customs authorities. Customs authorities require the value of the product item to be stated directly on the package.
6.5 Cookies and IP addresses
If you use our website, we may utilise "cookies" which enable us to monitor traffic patterns, trends and to serve you more efficiently if you revisit a Michael Hill website or store. In most cases, a cookie does not identify you personally but may identify your internet service provider or computer.
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.
You may be able to 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. However, if you disable cookies, you may not be able to access certain areas of our websites or take advantage of the improved web site experience that cookies offer.
7. Web Analytics, display advertising and retargeting
7.1 Persistent cookies
We use persistent cookies to enable basic web traffic analysis. We engage a number of web analytics service providers to conduct this analysis. This analysis, amongst other things, shows us which areas of our website are popular against those that are not visited often. This allows us to prioritise our enhancements to our website and increase the productivity of our website. In some cases, cookies may enable us to aggregate certain information with other personal information we collect and hold about you. For example, we may use information collected by cookies to assist us to enhance your experience with us. We also use persistent cookies in relation to affiliate marketing with web based traffic through affiliate networks.
7.2 Web analytics tools
Our web analytics service providers use a range of analysis tools on our website. These tools do not use any sensitive personal information you have provided us, nor do they use any personal information.
The services we use may include in-ads notice labels to disclose interest-based advertising to you. Third-party vendors and search engines, for example Google and Facebook, will show Michael Hill ads on websites and search-results across the Internet. Michael Hill and third-party vendors use first-party cookies (such as the Google Analytics and the Facebook cookie) and third-party cookies together to inform, optimise, and serve ads based on an individual's past visits to the Michael Hill websites.
We also use retargeting services to display content specific advertisements to visitors that have previously visited our website when those visitors go to other websites.
8. Credit Information and our Credit Reporting Policy
8.1 Credit information generally
The Credit Reporting Code contains provisions regarding the use and disclosure of credit information, which applies in relation to the provision of both consumer credit and commercial credit.
8.2 Credit information and Michael Hill
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, we may need to (or our credit provider may need to) carry out credit reference checks in relation to you. One of the credit checks will include, but is not limited to, obtaining a credit report about you.
To the extent necessary, you give your express voluntary consent to Michael Hill and its credit provider to obtaining credit reports about you from credit reporters. We, or our credit provider, use credit related information for the purposes set out in the “Credit services” section of the table at Section 2 above and our Credit Reporting Policy which includes but is not limited to using the information for our own internal assessment of your credit worthiness.
8.4 Storage and access
8.6 Credit providers and credit reports
Our credit service providers obtain credit reports from credit reporters. More information about this is set out in our Credit Reporting Policy (including information about how those credit reporters can be contacted).
8.7 Our Credit Reporting Policy
Please see our Credit Reporting Policy for further information as to the manner in which we collect, use, store and disclosure credit information.
9. Anonymity and pseudo-anonymity
To the extent practicable and reasonable, we will endeavour to provide you with the option of dealing with Michael Hill on an anonymous basis or through the use of a pseudonym. However, there may be circumstances in which it is no longer practicable for Michael Hill to correspond with you in this manner and your personal information may be required in order to provide you with our products and services or to resolve any issue you may have.
10. Cross Border Disclosure
10.1 Cross border disclosures
Any personal information collected and held by Michael Hill may be disclosed to, and held at, a destination outside New Zealand, including but not limited to the jurisdictions set out in our Cross Border Disclosures Table.
Generally speaking this may be because Michael Hill (being part of a global group of organisations) operates in other jurisdictions. Personal information may also be processed by staff or by other third parties operating outside New Zealand who work for us or for one of our suppliers, agents, partners or related companies.
In addition we may utilise overseas IT services (including software, platforms and infrastructure), such as data storage facilities or other IT infrastructure (Cross Border IT Services). In such cases, we may own or control such overseas infrastructure or we may have entered into contractual arrangements with third party service providers to assist Michael Hill with providing our products and services to you.
Notwithstanding paragraph 10.1, as we utilise Cross Border IT Services and platforms which can be accessed from various countries via an Internet connection, it is not always practicable to know where your personal information may be held. If your personal information is stored in this way, disclosures may occur in countries other than those listed in the Cross Border Disclosures Table.
10.2 Provision of informed consent
10.3 If you do not consent
If you do not agree to the disclosure of your personal information outside New Zealand by Michael Hill, you should not provide any personal information to Michael Hill.
11. Data security and quality
11.1 Michael Hill’s security generally
In this age of internet shopping, we have learned that customers require peace of mind when it comes to the security of using the internet. As set out below, we have taken steps to help ensure your credit card details and other personal information is safe and protected from unauthorised access, use, disclosure, alteration, or destruction. 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:
- (a) make sure that the personal information we collect, use or disclose is accurate, complete and up to date;
- (b) protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and
- (c) destroy or permanently modify personal information so that you cannot be identified from that information if it is no longer needed for its purpose of collection, or otherwise required to be retained.
We can’t tell you all of the technical details behind our security systems and processes as this may compromise the effectiveness of them.
The accuracy of personal information depends largely on the information you provide to us, so we recommend that you:
- (a) let us know if there are any errors in your personal information; and
- (b) keep us up-to-date with changes to your personal information (such as your name or address).
We provide information about how you can request access to and correct your personal information in Section 12.
12. Access to and correction of your personal information
You are entitled to have access to any personal information relating to you which we hold, except in some exceptional circumstances provided by law (including under the Privacy Act 1993). You are also entitled to request correction of such personal information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.
If you would like to request access to or correction of any personal information we hold about you, you are able to do so by contacting us via the details set out at the top of this document.
13. Resolving Privacy Complaints
13.1 Complaints generally
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.
13.2 Contacting Michael Hill regarding complaints
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: 0800 445 590
- Email: email@example.com
- Post: 7 Smallwood Place, Murarrie QLD Australia 4172
Please mark your correspondence to the attention of the Privacy Officer.
13.3 Steps we take to resolve a 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 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.
13.4 Register of complaints
We will keep a record of the complaint and any action taken in a register of complaints.
14. Consent, modifications and updates
14.1 Interaction of this Policy with contracts
- (a) certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto the Michael Hill entity, but do create contractual obligations on the other party to the contract; and
- (b) the consents provided in this policy become contractual terms provided by the other party to the contract.
14.3 Modifications and updates
Last Updated: 24/09/2019