IMF Litigation Funding Services Limited ("IMF", "we", "our" or "us") based at 1 Fetter Lane, London, United Kingdom is responsible for and is the data controller of your personal information (except as noted below).
We are part of a wider group of companies (IMF Group), and in some cases, the IMF Group entity responsible for your personal information will be the member of the IMF Group that originally collects information from or about you (for example, IMF Bentham Limited, ACN 067 298 088, of Level 18, 68 Pitt Street, Sydney, NSW 2000, Australia)). This will be explained in separate privacy notices made available when your personal information is first collected by that IMF Group entity, for example where you or the business you work for engages us to provide a service. You can find out more about our IMF Group at www.imf.com.au or by contacting us using the information in the contact section.
We acknowledge that privacy is an important individual right and we are committed to respecting your privacy and protecting your personal information.
This Policy may change to reflect IMF's business, laws and technology. We will place any updates on our website. Whenever you need to refer to this Policy you should refer to our website or contact us for the most up to date version.
IMF generally collects personal information directly from you, your authorised representative or another third party. For example, IMF may collect personal information about you when you deal with us over the telephone, send us correspondence (whether by letter, fax, e-mail or via the IMF website), request litigation funding via IMF’s website or when a representative of IMF meets with you. IMF may also collect your contact information and personal details about your individual claim when you use IMF's services directly.
In some instances (including but not limited to where we have obtained your personal information via our website) your personal information may be provided to us by your authorised representative or from a third-party source.
IMF does NOT collect sensitive personal information (such as information about your health, religion, or membership of a professional or trade association) unless it is reasonably necessary for the services IMF provides and you consent to the collection. Where you have given your consent and if particularly sensitive data is processed by IMF, we will ensure there are appropriate policies in place which both safeguard such personal data and comply with all relevant legislation and policies.
Where lawful and practicable to do so, you can deal with IMF anonymously or using a pseudonym. You can deal with IMF anonymously or using a pseudonym when making a general enquiry about the services that IMF can offer to you including via telephone or our website. At the time you engage our services, it is no longer practicable for you to deal with us anonymously or using a pseudonym.
If you use our website, or one of our services (including a request to use our services) personal data that may be collected from you includes:
In order to provide clients with our services, IMF also collects information relating to the legal proceedings or claims for which funding is sought or being provided. Some of this information may contain your personal data (for example, procedural information as the parties to a dispute and their solvency status, cases involving family trusts and beneficiary details and relevant relationships (subject in each case to compliance with all relevant confidentiality restrictions), and other facts collated in respect of a claim.
IMF may collect personal information about you from our third-party partners, including aggregators who provide your personal information to us for share trading cases, financial planners, pension funds, accountants, stock brokers, and insurers.
We may also collect personal information about you from a publicly maintained record or from the public domain generally (for example via the internet or social media platform).
We request you to provide your personal data so that we can provide our services to you (and if not provided in the form requested we may not be able to provide our services as requested, or at all).
We collect, hold, process, disclose and use your personal information to:
All processing (i.e. use) of your personal information is justified by a "condition" for processing. We will only collect, use and share your personal information where we are satisfied that we have an appropriate legal basis to do this. This justified 'condition' may be because:
If you would like to find out more about the legal basis for which we process personal information please contact us at [email protected].
IMF shares your personal information in the manner and for the purposes described below:
IMF may use personal information to let you know about our products and services that we believe will be of interest to you. We may contact you by email, post, or telephone or through other communication channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you.
IMF does not disclose any personal information it collects to third parties for the purpose of allowing them to directly market their products and services to you. IMF does not sell or trade personal information.
To protect privacy rights and to ensure you have control over how we manage marketing with you:
We recommend you routinely review the privacy notices and preference settings that are available to you on any social media platforms as well as your preferences within your account with us.
We operate on a global basis. Accordingly, your personal information may be transferred and stored in countries outside of the the UK including the United States of America, Australia and Canada, that are subject to different standards of data protection.
We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable laws and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangement are in place to protect your privacy rights. To this end:
You have a right to contact us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.
IMF has implemented appropriate technical and organisational security measures, policies and procedures appropriate to the nature of the information concerned to ensure that your personal information is kept secure and that it is protected from misuse, interference, loss, unauthorised access, modification or disclosure.
Measures we take include:
As the security of information depends in part on the security of the computer you use to communicate with us and the security you use to protect User IDs and passwords, please take appropriate measures to protect this information.
In specific circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.
A cookie is a small data file that a website may write to your hard drive when you visit. A cookie file can contain information (such as a user ID) that the website can use to track the pages you have visited and your preferences.
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your personal information. Click on the links below to learn more about each right you may have:
If you wish to access any of the above mentioned rights, we may ask you for additional information to confirm your identity and for security purposes, in particular before disclosing personal information to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
You can exercise your rights by contacting us. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.
While we take every effort to meet your request, please note that we may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of; (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.
You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.
You can also request that we erase your personal information in limited circumstances where:
We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:
You can ask us to restrict your personal information, but only where:
We can continue to use your personal information following a request for restriction, where:
You can ask us to provide your personal information to you in a structured, commonly used, machine readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:
You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.
If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
You can request that we change the manner in which we contact you for marketing purposes.
You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.
You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the European Union.
We may redact data transfer agreements to protect commercial terms.
You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.
We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
We will investigate and attempt to resolve complaints and disputes and make every reasonable effort to honour your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by data protection laws.
If you wish to gain access to your personal information, amend your personal information, request not to receive direct marketing communications from IMF, have any query regarding the Policy or wish to obtain a hard copy of the Policy, please contact our Client Liaison team:
If you are unsatisfied with the outcome of your complaint you may ask the Privacy Officer to be referred to a higher authority within the company, such as IMF's Managing Director. If you still remain unsatisfied with our response, you have a right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place or work or place of alleged infringement). In the UK, this will be the UK Information Commissioner's Office, contactable at ico.org.uk.
This Policy was last updated October 2018
IMF Bentham is one of the world’s most experienced and successful litigation funders.