1. About This Policy
Mortgage Custodian Pty Ltd (ABN [25 624 909 299]) (“we”, “us”, “our”) is committed to handling personal information responsibly and in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
This policy explains what personal information we collect, why we collect it, how we use and store it, and the rights you have in relation to it. It applies to information collected through this website, by phone, by email, and in connection with any loan application or enquiry.
We are a private commercial lender. We do not lend to individuals for personal, domestic, or household purposes and we do not conduct credit checks through external credit reporting bodies. Our lending decisions are based on the value and nature of the security property, not on an individual’s credit history.
2. What Information We Collect
The type of information we collect depends on whether you are making a general website enquiry or proceeding with a loan application.
For general enquiries, we collect:
- your name and contact details (phone, email, company name)
- the general nature of your enquiry or funding need
For loan applications and due diligence, we collect:
- identity documents for directors and authorised representatives (such as a driver’s licence or passport) to satisfy our identity verification obligations
- details of the proposed security property, including address, ownership structure, and valuation information
- corporate and entity information, including ACN, ABN, trust deeds, company searches, and ASIC records
- information about the proposed loan purpose and exit strategy
- financial statements, asset schedules, or other documents provided voluntarily in support of an application
- information about existing encumbrances or mortgages over the security property
We do not collect or assess personal credit history, credit scores, or credit reports from credit reporting bodies. Our assessment is asset based, not income or credit based.
3. How We Collect Information
We collect personal information directly from you when you:
- submit an enquiry through our website
- contact us by phone or email
- submit a loan application or supporting documents
- communicate with us during the assessment or settlement process
We may also collect information from publicly available sources such as ASIC registers, land title records, and property valuation data where this is reasonably necessary for our assessment process.
We collect information about company representatives and directors as part of our customer identification obligations. This is not a credit check. It is an identity verification process required under applicable law.
4. Why We Collect It
We collect and use personal information to:
- assess and process loan enquiries and applications
- verify the identity of directors, guarantors, and authorised representatives
- conduct due diligence on proposed security properties and borrowing entities
- communicate with you about your application, loan, or general enquiry
- comply with our legal obligations, including those under anti-money laundering and counter-terrorism financing laws
- manage any loan facility entered into with us, including monitoring, servicing, and enforcement if required
- maintain our business records and improve our processes
We do not use your personal information for direct marketing purposes without your express consent.
5. No Credit Checks
Mortgage Custodian does not subscribe to, access, or report to external credit reporting bodies. We do not obtain or assess consumer credit reports or credit scores as part of our assessment process.
Our lending is asset based. The primary consideration in any lending decision is the nature, value, and quality of the security property offered. Accordingly, the Credit Reporting Privacy Code and the credit reporting provisions of the Privacy Act do not apply to our lending activities.
If you are concerned about your credit history, it will not be a factor in our assessment. You may wish to obtain a copy of your own credit report from a credit reporting body such as Equifax, Illion, or Experian if relevant to other financial arrangements you are pursuing.
6. Disclosure of Information
We may disclose your personal information to third parties where reasonably necessary, including:
- solicitors and settlement agents involved in preparing and registering loan security documents
- independent property valuers appointed to assess the security property
- AUSTRAC, as required under anti-money laundering and counter-terrorism financing laws
- other government bodies or regulators where required by law
- professional advisers including accountants and legal counsel engaged by us in connection with your matter
- any party involved in a proposed sale, transfer, or restructure of our business or loan book, subject to appropriate confidentiality obligations
We do not sell, rent, or trade your personal information to third parties for commercial purposes.
If we disclose information to overseas recipients, we will take reasonable steps to ensure that the recipient handles it in a manner consistent with the APPs.
7. Storage and Security
We take reasonable steps to protect personal information from misuse, loss, unauthorised access, modification, or disclosure. This includes physical security measures for paper records and electronic security measures for digital records.
Personal information is retained for as long as it is needed for the purpose for which it was collected, or as required by law. When no longer required, we take reasonable steps to destroy or de-identify it securely.
No data transmission over the internet can be guaranteed as completely secure. While we take reasonable precautions, we cannot guarantee the security of information you submit to us electronically, and you do so at your own risk.
8. Website and Cookies
Our website may collect non-personal information such as browser type, pages visited, and time spent on the site through cookies or analytics tools. This is used to improve the website experience and is not linked to your identity.
You can configure your browser to refuse cookies, though this may limit some functionality on the site.
Our website may contain links to third party websites. We are not responsible for the privacy practices of those sites and recommend you review their privacy policies independently.
9. Your Rights
Under the Privacy Act, you have the right to:
- request access to the personal information we hold about you
- request that we correct personal information that is inaccurate, incomplete, or out of date
- make a complaint about how we have handled your personal information
To make an access or correction request, please contact us using the details in section 11. We will respond within a reasonable timeframe and in accordance with our obligations under the Privacy Act.
We may decline access in limited circumstances permitted by the Privacy Act, in which case we will explain the reason in writing.
10. Contact Us
For privacy related enquiries, access requests, or complaints, please contact:
Mortgage Custodian Pty Ltd
Address: 180 Queen Street, Melbourne 3000, Victoria, Australia
Email: [email protected]
Phone: 0403 307 779
11. Changes to This Policy
We may update this policy from time to time to reflect changes in our practices or in applicable law. The current version will always be available on our website with the date it was last updated. We encourage you to review it periodically.
