This policy sets out the approach adopted by John Deere Financial (JDF) to the collection, handling, use and disclosure of your consumer credit-related information, including information about your credit applications and credit facilities with us and the credit reporting information about you that we obtain from credit reporting bodies (CRBs).
The purpose of this Credit Reporting Policy is to tell you how we manage “credit information” (which refers to information related primarily to you or your credit-related dealings with us which we may disclose to CRBs, such as information that identifies you and about your application for credit and your credit facility and status) and “credit eligibility information” (which refers to information related primarily to your credit-related dealings with other credit providers and comprises of “credit reporting information” disclosed by CRB’s to us and information we derive from that).
This Credit Reporting Policy applies to current and former credit customers and other individuals we deal with in relation to whom we hold credit information or credit eligibility information no matter how they interact with us (e.g. on-line, in person or over the phone).
For information about JDF’s management of your other personal information, which may include commercial credit-related information, please see the Global Enterprise Statement available by visiting Privacy and Data.
Credit-related information John Deere Financial usually collects and how it is collected
JDF collects, holds and discloses various types of credit information and credit eligibility information, including:
- identification information such as your name and addresses, date of birth, occupation, name of your employer and your driver's licence number;
- that you have applied for consumer or commercial credit, the type and amount of that credit and the fact we have accessed your consumer credit information to assess a relevant application;
- that we have been a provider of credit to you and the type of account, the date the account was opened and closed and maximum amount of credit that we have provided or will provide;
- the date that any credit contract we have or had with you was entered into and the date that it is terminated or ceases;
- your repayment history i.e. whether or not you made any payment that was due in a particular month, and where a payment was overdue, when it was ultimately paid;
- default information about you. i.e. information about a payment owed by you as a borrower or guarantor in connection with consumer credit that remains overdue for more than 60 days and which we can disclose to a credit reporting body if certain requirements under the Privacy Act 1988 (Cth) (Privacy Act) are met;
- payment information about some of your overdue payments e.g. a statement that an overdue payment in relation to which default information was provided to a credit reporting body has been paid;
- an opinion we have on reasonable grounds that you have committed a serious credit infringement in relation to consumer credit that we have provided to you;
- whether you have entered into arrangements with us in connection with credit provided to you;
- court proceedings information, personal insolvency information and credit-related publicly available information; and
- other information relating to your credit worthiness which is derived by us or by CRBs wholly or partly on the basis of the information above.
This information may be collected in a number of ways, such as obtaining it directly from you or from persons acting on your behalf (including on application forms or other forms or in our ongoing dealings with you in connection with credit). Some information (i.e. credit reporting information) will be obtained from CRBs. Some information will also be derived by us from your usage and (where applicable) repayment of any account held with us.
Purposes for which John Deere Financial may collect, hold, use and disclose your credit-related information
JDF may collect, hold, use and disclose your credit information and credit eligibility information as reasonably necessary for its business purposes and as permitted by law. These purposes include:
- to assess an application by you, or an entity associated with you, for credit (including assessing any proposed guarantors);
- to manage credit we may provide (including servicing and administration of our accounts and products);
- to participate in the credit reporting system and providing information to CRBs as permitted by Part IIIA of the Privacy Act and the Credit Reporting Privacy Code (CR Code);
- for internal management purposes;
- to undertake securitisation activities;
- to assist you if we consider that you may be at risk of defaulting on your credit-related obligations;
- to undertake debt recovery and enforcement activities, including in relation to guarantors, and to deal with serious credit infringements;
- to meet our legal and regulatory requirements (such as reporting matters to regulators or enforcement bodies when authorised or required by law);
- to deal with complaints and legal proceedings;
- to derive scores, ratings and other information relating to your credit worthiness which are used in our decision-making processes; and
- to assist other credit providers to do the same.
Some credit information and credit eligibility information may only be used or disclosed under the Privacy Act for some of these purposes or in certain circumstances, including in some circumstances where we have your consent.
Exchanges of information about you with credit reporting bodies
JDF may obtain credit reporting information about you from CRBs. JDF may also disclose your credit information to CRBs for purposes such as those described above where the Privacy Act permits us to do so. Those CRBs may include credit information provided by JDF in reports that they provide to other credit providers to assist them to assess your credit worthiness.
For example, we will provide information that identifies you and about your application for credit when obtaining credit reporting information for the purposes of assessing that application.
Should you fail to meet your payment obligations to us or commit a serious credit infringement in relation to credit provided by us, we may be entitled to disclose this information to CRBs.
JDF shares your credit information with the following CRB:
Equifax Pty Ltd
Postal address: PO Box 964, North Sydney, NSW 2059
This CRB has a policy which sets out its management of credit reporting information. To access this, please visit their website and follow the “Privacy” links, or you can contact the CRB directly for further information.
You have the right to request that the CRB exclude your credit reporting information from pre-screening for direct marketing offers by JDF, which JDF may request the CRB to perform. You should contact each relevant credit reporting body directly if you wish to request this.
You also have the right to request that the CRB 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 CRB directly should this be the case.
Third parties to whom JDF may disclose your credit-related information
We may as permitted by law disclose your credit information or credit eligibility information to third parties, including:
- some intermediaries;
- other credit providers;
- our related companies;
- organisations that perform credit assessment, management and debt collection activities on our behalf;
- current or prospective guarantors or security providers in relation to credit we are providing to you; and
- organisations involved in debt assignment or securitisation arrangements.
In some circumstances we may require your consent before being able to make such disclosures.
Disclosure of your credit eligibility information to overseas recipients
We utilise overseas service providers for some of our activities and so may need to disclose credit information or credit eligibility information to those service providers. We may also disclose such information to other overseas recipients, including our related companies, for the purposes listed above when permitted to do so by the Privacy Act.
These countries in which such service providers and other recipients are likely to be located may include Australia, New Zealand, United States of America, Canada, Germany and India.
How your credit-related information is held and protected
We treat the protection of credit information and credit eligibility information we hold very seriously. We may hold your credit information and credit eligibility information in physical form or in electronic form on our systems located in Australia or overseas, including with related companies and third party service providers. This information we hold about you is protected by physical, electronic, and procedural safeguards.
Access to and correction of personal information
You may access the credit eligibility information which we hold about you by contacting us on 1800 857 057.
We will need to verify your identity where you make an access request. We will usually provide the information requested within 30 days. We will advise you in writing if we are unable to agree to a request for access to your credit eligibility information and will provide our reasons for this.
You will not be charged for making an access request however we may apply an administration charge for providing access in accordance with your request.
If you believe that any credit information or credit eligibility information held by us about you is incorrect, you have the right under the Privacy Act to request that we correct that information. You may make a correction request by contacting us on 1800 857 057. We will advise you in writing if we are unable to agree to a request for correction of your credit information or credit eligibility information and will provide our reasons for this.
Privacy complaints and disputes about our compliance with our credit reporting obligations
If you wish to complain about a failure on the part of JDF to comply with obligations under Part IIIA of the Privacy Act and the CR Code which affects your credit-related information, please contact JDF on 1800 857 057. You can also:
- Email us at 23JDFinancial@JohnDeere.com
- Fax us a letter to +61 (07) 3802 3142
- Send a letter to the JDF Privacy Officer at our street address: 166-170 Magnesium Drive, Crestmead Qld 4118
You will receive an acknowledgment of your complaint as soon as practicable and in any case within 7 days after we receive it.
JDF is committed to a fair and prompt resolution of any complaint. Once your complaint is received, our Privacy Officer will liaise with managers and staff to resolve the complaint. If:
- we consider it necessary in order to deal with your complaint, we will consult with another credit provider or a credit reporting body; and/or
- while the complaint remains unresolved, we are disclosing information subject to the complaint to a third party, we will advise the third party about the complaint (except if it is impracticable to do so or we are legally prohibited from giving that notice).
Unless there are exceptional circumstances, we will respond to your complaint within 30 days of receipt of the initial complaint. If we do not expect to resolve the complaint within 30 days, we will inform you before the end of that period, provide the reason for the delay time, the expected timeframe to resolve the complaint and seek your agreement to an extension for a reasonable period.
We will provide you with a written notice setting out the decision and the reasons for that decision.
All complaints will be processed at no charge to you.
If the complaint remains unresolved you may wish to contact the Credit and Investments Ombudsman, JDF’s external dispute resolution (EDR) scheme, or make a complaint to the Office of the Australian Information Commissioner (the “OAIC”).
Credit and Investments Ombudsman may be contacted as follows:
Reply Paid 252, South Sydney, NSW 1234
Phone: 1800 138 422
Fax: (02) 9273 8440
The contact details for the OAIC are:
The Office of the Australian Information Commissioner
GPO Box 2999
Canberra ACT 2601
Phone: 1300 363 992
Fax: 02 9284 9666