explains how we handle it. The policy covers John McCuaig (Credit
Representative 400594) / Specialty Mortgage Services Pty Ltd (Credit
Representative Number 397575)
This Policy also includes our credit reporting policy, that is, it
covers additional information on how we manage your personal information
collected in connection with a credit application, or a credit facility. We
refer to this credit-related information below as credit information.
If you are in a country that is a member of the European Economic
Area (EEA), the EU General Data Protection Regulation 2016/679 (‘GDPR’)
governs the way we collect, use, hold, process and disclose your personal
information. Under the GDPR, we are a data controller. We make decisions on how
and why your personal information is processed.
personal information do we collect and hold?
The types of information that we collect and hold about you could
ID information such as
your name, postal or email address, telephone numbers, and date of birth;
other contact details
such as social media handles;
financial details such
as your tax file number; and
other information we
think is necessary.
When the law authorises or
requires us to collect information
We may collect information about you because we are required or
authorised by law to collect it. There are laws which require us to collect
personal information. For example, we require personal information to verify
your identity under Australian Anti-Money Laundering law.
What do we collect via your
If you’re an
internet customer of ours, we monitor your use of internet services to ensure
we can verify you and can receive information from us, and to identify ways we
can improve our services for you.
If you start but don’t submit an on-line application, we can contact
you using any of the contact details you’ve supplied to offer help completing
it. The information in applications will be kept temporarily then destroyed if
the application is not completed.
We also know that some customers like to engage with us through
social media channels. We may collect information about you when you interact
with us through these channels. However, for all confidential matters, we’ll
ensure we interact with you via a secure forum.
To improve our services and products, we sometimes collect
de-identified information from web users. That information could include IP
addresses or geographical information to ensure your use of our web
applications is secure.
How do we collect your personal information?
How we collect and hold your information
Unless it’s unreasonable or impracticable, we will try to collect
personal information directly from you (referred to as ‘solicited
information’). For this reason, it’s important that you help us to do this
and keep your contact details up-to-date.
There are a number of ways in which we may seek information from
you. We might collect your information when you fill out a form with us, when
you’ve given us a call or used our website. We also find using electronic means,
such as email or SMS, a convenient way to communicate with you and to verify
How we collect your information from other sources
Sometimes, we will collect information about you from other sources
as the Privacy Act 1988 permits.
We will do
this only if it’s reasonably necessary to do so, for example, where:
we collect information
from third parties about the loan or lease made available to you arising out of the services we provide you;
we can’t get hold of
you and we rely on public information (for example, from public registers or
social media) or made available by third parties) to update your contact
we exchange information
with your legal or financial advisers or other
What if you don’t want to provide us with your personal
If you don’t
provide your information to us, it may not be
for us to give you the
credit assistance you seek from us;
to assist in finding a
loan or lease relevant to your circumstances;
verify your identity or
protect against fraud; or
to let you know about other products or services that might
be suitable for your financial
How we collect and hold your credit information
We will collect your credit information in the course of you
answering the enquiries we make of you relating to the credit assistance you
seek from us. In addition to what we say above about collecting information
from other sources, other main sources for collecting credit information are:
your co-loan applicants
accountant, real estate agent or other referees;
your agents and other
representatives like the person who referred your business to us, your
solicitors, conveyancers and settlement agents;
organisations that help
us to process credit applications;
check the security you are offering such as
bodies that issue
identification documents to help us check your identity; and
our service providers
involved in helping us to process any application you make for credit through us.
What do we do when we get information we didn’t ask for?
Sometimes, people share information with us we haven’t sought out
(referred to as ‘unsolicited information’). Where we receive unsolicited
personal information about you, we will check whether that information is
reasonably necessary for our functions or activities. If it is, we’ll handle
this information the same way we do with other information we seek from you. If
not, we’ll ensure we do the right thing and destroy or de-identify it.
1 However we’ll never
ask you for your security details in this way – if you are ever unsure, just
When will we
notify you that we have received your information?
When we receive personal information from you directly, we’ll take
reasonable steps to notify you how and why we collected your information, who
we may disclose it to and outline how you can access it, seek correction of it
or make a complaint.
Sometimes we collect your personal information from third parties.
You may not be aware that we have done so. If we collect information that can
be used to identify you, we will take reasonable steps to notify you of that
How do we take care of your
We store information in different ways, including in paper and
electronic form. The security of your personal information is important to us
and we take reasonable steps to protect it from misuse, interference and loss,
and from unauthorised access, modification or disclosure. Some of the ways we
do this are:
security measures for
access to our systems; and
only giving access to
personal information to a person who is verified to be able to receive that information
We may store personal information physically or electronically with
third party data storage providers. Where we do this, we use contractual
arrangements to ensure those providers take appropriate measures to protect
that information and restrict the uses to which they can put that information.
What happens when we no longer
need your information?
We’ll only keep your information for as long as we require it for
our purposes. We may be required to keep some of your information for certain
periods of time under law. When we no longer require your information, we’ll
ensure that your information is destroyed or
How we use your personal
What are the
main reasons we collect, hold and use your information?
Collecting your personal information allows us to provide you with
the products and services you’ve asked for. This means we can use your
give you credit assistance;
give you information
about loan products or related services including help, guidance and advice;
you are eligible for a loan or lease or any related
service you requested including identifying or
verifying you or your authority to act on behalf of a customer;
assist you to prepare
an application for a lease or a loan;
we provide, for example, to answer requests
or deal with complaints;
administer payments we
receive, or any payments we make, relating to your loan or lease.
Can we use your information for
marketing our products and services?
We may use or
disclose your personal information to let you know about other products or
services we or a third party make available and that may be of interest to you.
We will always let you know that you can opt out from receiving
With your consent, we may disclose your personal information to
third parties for the purpose of connecting you with other businesses or
customers. You can ask us not to do this at any time. We won’t sell your
personal information to any organisation.
Yes, You Can Opt-Out
You can let us
know at any time if you no longer wish to receive direct marketing offers from
us. We will process your request as soon as practicable.
What are the other ways we use
We’ve just told you some of the main
reasons why we collect your information, so here’s some more insight into the
ways we use your personal information including:
telling you about other
products or services we make available and that may be of interest to you, unless you tell us not to;
opportunities to improve our service to you and improving our service to you;
allowing us to run our
business efficiently and perform general administrative tasks;
preventing any fraud or
crime or any suspected fraud or crime;
as required by law,
regulation or codes binding us; and
any purpose to which
you have consented.
What are the grounds which we
will deal with your personal information under the GDPR?
GDPR, we must have a legal ground in order to process your personal
information. The legal grounds that we may rely on are:
Performance of our
contract with you;
Compliance with a legal
Where you have provided
your consent; and
For our legitimate
interests: our main legitimate interests for processing your personal
information are: fraud, security, due diligence, business operations and direct marketing.
How long do you keep your information?
We are required to keep some of your information for certain periods
of time under law, such as the Corporations Act, the Anti-Money Laundering
& Counter-Terrorism Financing Act, and the Financial Transaction Reports
Act for example.
required to keep your information for 7 years from the closure of accounts, or
otherwise as required for our business operations or by applicable laws.
We may need to retain certain personal information after we cease
providing you with products or services to enforce our terms, for fraud
prevention, to identify, issue or resolve legal claims and/or for proper record
Who do we share your personal information with?
To make sure we can meet your specific needs and for
the purposes described in ‘How we use your personal information’, we sometimes
need to share your personal information with others. We may share your information with other
organisations for any purposes for which we use your information.
Sharing Your Information
We may use and
share your information with other organisations for any purpose described
your representatives and referees We may share your
your representative or any person
acting on your behalf (for example, lawyers, settlement agents, accountants
or real estate agents); and
your referees, like
your employer, to confirm details about you.
Sharing with third parties
We may share
your information with third parties in relation to services we provide to you.
Those third parties may include:
the mortgage aggregator
through whom we may submit loan or lease applications to lenders or
lessors on the mortgage aggregator’s panel;
the Australian Credit
Licence holder that authorises us to engage in credit activities;
referrers that referred
your business to us;
lender’s mortgage insurers and other loan or lease intermediaries;
organisations, like fraud reporting agencies, that may identify, investigate and/or prevent fraud, suspected fraud, crimes, suspected
crimes, or other misconduct;
regulatory bodies (including ASIC and the Australian Taxation Office) as
required or authorised by law. In some instances, these bodies may share the
information with relevant foreign authorities;
prospective guarantors of your loan or lease;
agents, contractors and advisers that assist us to conduct our business for
purposes including, without limitation, storing or analysing information;
any organisation that
wishes to take an interest in our business or assets; and
any third party to
which you consent to us sharing your information.
outside of Australia
We may use
overseas organisations to help conduct our business. As a result, we may need
to share some of your information (including credit information) with such
organisations outside Australia. The countries in which those organisations are
We may store
your information in cloud or other types of networked or electronic storage. As
electronic or networked storage can be accessed from various countries via an
it’s not always practicable to know in which country your
information may be held. If your information
is stored in
this way, disclosures may occur in countries other than those listed.
organisations may be required to disclose information we share with them under
a foreign law. In those instances, we will not be responsible for that
transfer your information from the EEA’ to a recipient outside the EEA we will
ensure that an adequate level of protection is in place to protect your
personal information such as putting in place contractual protections to ensure
the security of your information.
How do you access your personal information?
How you can generally access your
We‘ll always give you access to your personal information unless
there are certain legal reasons why we can’t. You can ask us in writing to
access your personal information that we hold. In some cases we may be able to
deal with your request over the phone.
We will give you access to your information in the form you want it
where it’s reasonable and practical. We may charge you a small fee to cover our
costs when giving you access, but we’ll always check with you first.
We’re not always required to give you access to your personal
information. Some of the situations
where we don’t have to give you access include when:
we believe there is a
threat to life or public safety;
there is an
unreasonable impact on other individuals;
the request is frivolous;
wouldn’t be ordinarily accessible because of legal proceedings;
it would prejudice
negotiations with you;
it would be unlawful;
it would jeopardise
taking action against serious misconduct by
it would be likely to
harm the activities of an enforcement body (e.g. the police); or
it would harm the
confidentiality of our commercial information.
If we can’t provide your information in the way you’ve requested, we
will tell you why in writing. If
you have concerns, you can complain. See ‘Contact Us’.
How do you correct your
How we correct your information
Contact us if you think there is something wrong with
the information we hold about you and we’ll try
to correct it if it’s:
If you are
worried that we have given incorrect information to others, you can ask us to
tell them about the correction. We’ll try and help where we can - if we can’t,
then we’ll let you know in writing.
What additional things do we
have to do to correct your credit information?
If you ask us to
correct credit information, we will help you with this in the following way.
Whether we made the mistake or someone else made it, we are required
to help you ask for the information to be corrected. So we can do this, we
might need to talk to others. However, the most efficient way for you to make a
correction request is to send it to the organisation which made the mistake.
Where we correct information
If we’re able to correct the information, we’ll let you know within
five business days of deciding to do this. We’ll also let the relevant third
parties know as well as any others you tell us about. If there are any
instances where we can’t do this, then we’ll let you know in writing.
Where we can’t correct information
If we’re unable to correct your information, we’ll explain why in
writing within five business days of making this decision. If you have any
concerns, you can access our external dispute resolution scheme or make a
complaint to the Office of the Australian Information Commissioner.
Time frame for correcting information
If we agree to correct your information, we’ll do so within 30 days
from when you asked us, or a
longer period that’s been agreed by you.
If we can’t
make corrections within a 30 day time frame or the agreed time frame, we must:
let you know about the
delay, the reasons for it and when we expect to resolve the matter;
ask you to agree in
writing to give us more time; and
let you know you can
complain to our external dispute resolution scheme or the Office of the
Australian Information Commissioner.
How do you make a complaint?
How do you generally make a
If you have a
complaint about how we handle your personal information, we want to hear from
you. You are always welcome to contact us.
contact us by using the details below John McCuaig 0419 170 354 firstname.lastname@example.org
We are committed
to resolving your complaint and doing the right thing by our customers. Most
complaints are resolved quickly, and you should hear from us within five
If you still feel
your issue hasn't been resolved to your satisfaction, then you can raise your
concern with the Office of the Australian Information Commissioner:
Phone: 1300 363
Fax: +61 2 9284
Mail: GPO Box 5218 Sydney NSW 2001 or GPO Box
2999 Canberra ACT 2601
If you are located in the EEA, you can contact the relevant data
protection authority (for example in the place you reside or where you believe
we breached your rights). For example, the Office of the UK Information
Office of the UK Information Commissioner
• Phone: 0303 123 1113
• Live chat: https://ico.org.uk/global/contact-us/live-chat
What additional things do we have
to do to manage your complaints about credit information?
complaint relates to how we handled your access and correction requests
You may take
your complaint directly to our external dispute resolution scheme or the Office
of the Australian Information Commissioner. You are not required to let us try
to fix it first.
For all other complaints relating to
If you make a
complaint about things (other than an access request or correction request) in
relation to your credit information, we will let you know how we will deal with
it within seven days.
Ask for more time if we can’t fix things in 30 days
If we can’t fix things within 30 days, we’ll let you know why and
how long we think it will take. We will also ask you for an extension of time
to fix the matter. If you have any concerns, you may complain to our external
dispute resolution scheme or the Office of the Australian Information
Letting you know about our decision
We’ll let you know about our decision within 30 days or any longer
agreed time frame. If you have any concerns, you may complain to our external
dispute resolution scheme or the Office of the Australian Information
Your Rights under GDPR
If you reside in
the EEA, you can also:
object to the
processing or your personal information or ask us to delete, or restrict or
stop using your personal information. There may be circumstances where we are
required to, or entitled to retain or continue using your information.
withdraw your consent
to our processing of your information. We may continue to process our
information if we have another legitimate ground to do so.
ask us to send an
electronic copy of your personal information, including to another
You can contact us if you wish to exercise these rights. See
‘Contact Us’ for more information If we refuse any request you make in relation
to these rights, we will write to you to explain why and how you can make a
complaint about our decision.
We care about
your privacy. Please contact us if you have any questions or comments about our
privacy policies and procedures. We welcome your feedback.
You can contact us by using the details
McCuaig 0419 170 354 email@example.com
What if you want to interact
with us anonymously or use a pseudonym?
If you have general enquiry type questions, you can choose to do
this anonymously or use a pseudonym. We might not always be able to interact
with you this way, however, as we are often governed by regulations that
require us to know who we’re dealing with. In general, we won’t be able to deal
with you anonymously or where you are using a pseudonym when:
it is impracticable; or
we are required or
authorised by law or a court/tribunal order to deal with you personally.
What do we do with
In certain circumstances we may be required to collect
government-related identifiers such as your tax file number. We will not use or
disclose this information unless we are authorised by law.
This Policy may change. We will let you know of any changes to this
Policy by posting a notification on our website, correspondence via post or
e-mail or you may contact us for a copy of the most up to date policy at any