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Privacy Notice

PRIVACY NOTICE

This Privacy Notice (‘the Notice’) explains how Claims Funding Europe (us, we, our) collect, use, and store personal data in as clear and transparent a way as possible, as well as details on your rights under the applicable data protection laws. 

Your privacy and personal information are important to us and we are committed to keeping it protected. 

Should any questions or concerns occur, you can get in contact with us using the contact details provided below.

1. Personal information we collect and hold

Personal data /Personal Information means any information relating to an identified or identifiable natural person (‘data subject’). 

An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

Personal Information we collect and hold: In general, the type of personal information we collect and hold includes (but is not limited to): names, birth dates, addresses, bank account details, contact details, occupations, medical history and treatment, memberships and associations, financial and tax records, family situations and other information which assists us in conducting our business, providing and marketing our services and meeting our legal and compliance obligations.

Sensitive Information: Some personal information which we may collect is 'sensitive information'. Sensitive information includes information about a person's racial or ethnic origin, political affiliation, religious affiliation, mental health, disability, trade union or other professional or trade association membership, sexual preferences and criminal record, and other health information.

Personal information is generally collected and held about funded clients, associates and potential funded clients, suppliers and their employees, and prospective employees, employees and contractors.

2. How we collect and protect your personal information

Collection 

We will generally collect personal information by way of forms filled out by people, face-to-face meetings, interviews, business cards, telephone conversations and from third parties. We also collect personal information from our web site and the internet, through receiving subscription applications and emails. 

In some circumstances we may be provided with personal information about an individual from a third party, for example a report provided by a professional or a reference from another person.

Cookies

We also use third parties to analyse traffic at that web site, which may involve the use of cookies and we use that information and feedback to improve our services and web content. 

Our cookie policy can be accessed here. 

Storage

The protection of your information is important to us, and we will take reasonable steps to ensure that information about you is not subject to the danger of being lost, destroyed or damaged or of being accessed by unauthorised parties.

We will not retain your personal data for periods longer than it is necessary for the provision of our services and we will keep it only for the purposes for which it was obtained.

We hold personal information in secure and confidential files maintained in paper and/or electronic form. Sometimes personal information held by us is securely stored with third party data storage providers. We take all reasonable steps to protect personal information held by us from misuse and loss and from unauthorised access, modification or disclosure, for example by use of physical security and restricted access to electronic records.

3. Why we collect, hold, use, and disclose personal information

We collect, hold, use and disclose personal information for the purposes of:

  1. providing litigation funding and related services including funding the establishment, exercise or defence of a legal or equitable claim including the utilisation of a confidential alternative dispute resolution process.
  2. assessing and processing inquiries and requests for the provision of our services
  3. marketing, including direct marketing and market research and analysis
  4. the general conduct and management of our business, including provision and enhancement of our services and purchasing goods and services from others
  5. meeting our legal and compliance obligations.

If the personal information we request is not provided, we may not be able to provide the relevant service.

4. Know your rights

You may access the information we hold about you.

If you would like to update, correct, modify, or delete from our database any personal data you previously submitted to us, please let us know. We will comply with your request as soon as reasonably practicable. 

Please note that we need to retain certain personal information to comply with the law, for record keeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion (for example, when you initiate a service, you may not be able to change or delete the personal data provided until after the completion of the service). 

We will retain your personal data for the period necessary to fulfil the purposes outlined in this policy unless a longer retention period is required or permitted by law.

Data subjects’ rights under the European data protection legislation 

You can exercise certain rights with respect to the information we process in our capacity as a data controller of your personal data. If we are processing your personal data on behalf of another data controller and you exercise your rights before us, we will forward your request to the responsible data controller.

You, as an individual whose personal data is being processed, have the following rights:

  • the right to object – individuals can object to us processing their data and we will either agree to stop processing or explain why we are unable to;
  • the right of access – individuals can request a copy of the personal information we keep for them, subject to certain exemptions (via a subject access request);
  • the right of rectification – individuals can ask us to update or correct their personal information to ensure its accuracy;
  • the right to be forgotten – individuals can ask us to delete their personal information from our records if it is no longer needed for the purposes it was obtained;
  • the right of restriction – individuals can ask us to restrict the processing of their personal information in certain circumstances;
  • the right to data portability – individuals can ask for a copy of their personal information in a machine-readable format, so it can be used for their own purposes;
  • the right to withdraw consent – individuals can ask us, at any time, to stop processing their personal information, if the processing is based only on the individual’s consent;
  • the right to make a complaint – individuals can complain if they feel their personal information has been mishandled. We encourage individuals to come to us first, but they are entitled to complain directly to the Irish Data Protection Commission: https://www.dataprotection.ie/  

If you wish to exercise any of these rights, you can do so by contacting us using the contact details below:

Data Protection Officer Email: dataprotection@claimsfundingeurope.eu

Address: The Lennox Building, Richmond St S, Saint Kevin's, Dublin, D02 FK02, Ireland

5. Disclosure of personal information to overseas entities

For the purposes outlined in section 4 of this privacy notice, it is anticipated that your personal data will be transferred to, and/or processed by financial institutions such as banks and an independent data verification expert, which may be located outside the European Economic Area (EEA). Where this is the case:

a. We will (where applicable) have in place appropriate safeguards to ensure an adequate level of data protection where your personal data is transferred outside of your country or jurisdiction. 

b. This may include us entering into data processing agreements (that includes the Standard Contractual Clauses adopted by the European Commission) (DPA) with the overseas recipients. 

c. In the absence of the usual safeguards, such as a formal DPA being executed between the parties in relation to a particular data transfer and where none of art. 49 GDPR derogations for specific situations apply, we will seek warranties from the overseas recipients that they will process your personal data in accordance with any applicable data protection laws.

This General Data Protection Notice was last updated оn 16th November 2022

Occasionally it may be necessary to make changes to this Notice. When that happens, we will provide an updated version on our website at the earliest opportunity. Any subsequent changes shall be effective from the date indicated with the corresponding amendments. 

Purpose of this notice

Claims Funding Europe respects your privacy and is committed to protecting your personal data. We will handle your personal data with the utmost care and in accordance with the law. This privacy notice will provide a brief overview as to why, when and how we process your personal data that we obtain or generate when you visit our website.

Claims Funding Europe – Us, Your Rights and Important Information

i. Purpose of this privacy notice

This privacy notice aims to give you information on how Claims Funding Europe collects and processes your personal data obtained or generated through your use of this website, including any data you may provide through this website.

It is important that you read this privacy notice together with any engagement letter, assignment agreement or other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. We will inform you of any updates made to this policy to reflect any changes to the ways in which we process your personal data.

ii. Controller

For the purposes of EU data protection law, Claims Funding Europe Ltd is the data controller and is responsible for your personal data (collectively referred to as “Claims Funding Europe”, “we”, “us” or “our” in this privacy notice). Our full details are on the Contact and Our Team pages of our website.

iii. Changes to Personal Data

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

iv. Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Data Collected by Claims Funding Europe

i. Personal Data

Personal data, or personal information, means any information about an individual from which that person can be identified. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. It does not include data that has been fully anonymized to the extent that it is no longer possible to identify the individual at all (anonymous data).

ii. Data Collected

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  1. Identity Data includes first name, last name, username or similar identifier, title and gender.
  2. Contact Data includes email address and telephone number.
  3. Background Data about your education, employment, state of health and community if you submit a job application via email. Please see below for further information regarding this type of processing by Claims Funding Europe.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

iii. How we Collect Your Data

We will only collect data that you voluntarily provide to us.

You may give us your Identity, Contact Data or Background Data by filling in forms, online registrations or by corresponding with us by email or otherwise. This includes personal data you provide when you:

  1. request our services;
  2. request materials to be sent to you; or
  3. apply for a job with the firm.

Google Analytics & Cookies

This website uses Google Analytics, a web analytics service provided by Google, Inc. ('Google'). A link to Google analytics data privacy and security page is provided here:
https://support.google.com/analytics/answer/6004245.

Through Google Analytics, the following fields of information (only) are captured:

  1. Your location; accessing our site from Dublin, Ireland would be indicated accordingly;
  2. What marketing activity bought users to the site e.g. Google Ad;
  3. What pages you visit (within the site, only);
  4. How long you spend here;
  5. How many users take a specific action e.g. filling in a registration form;
  6. Language;
  7. Type of device you are using; and
  8. Browser type.

Personal Data – Uses & Lawful Basis for Processing

i. Purpose for processing Careers and Recruitment

If you apply for a job or work placement with us, you may need to provide information about your education, employment, state of health and community background. Your application will include a mechanism for you to provide your consent to our use of this information to assess your application and to allow us to carry out any monitoring requirements under law as an employer. In addition, we may also carry out various screening checks (including reference, eligibility to work, and vocational suitability) and consider you for other positions. If this requires us to process special categories of personal data about you, we will only do so if we obtain your explicit consent. We may disclose your personal information (including diversity and equality information) as required by law.

Participating in Legal Proceedings

Claims Funding Europe will process your personal data for all matters related to proceedings funded by Claims Funding Europe to which you intend to assign or have assigned your rights.

ii. Legal Basis for processing

  1. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us. It is in our legitimate interests to use your personal data which may be collected or generated on our website as part of monitoring and analytics to improve our services and enhance the user experience on our website.
  2. Performance of Contract means processing your data where it is necessary for the performance of a contract/assignment agreement to which you are a party or to take steps at your request before entering into such a contract.
  3. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to. We rely on this legal basis when we process your personal data for the purpose of reporting on diversity and equality as required by law.
  4. (Consent means processing your personal data where you have given consent to such processing for one or more specific purposes. In addition to legitimate interest, we may rely on consent to process personal data that we receive as part of a job application (see "Careers and Recruitment" above).

Disclosures of Your Personal Data

i. Disclosures

Claims Funding Europe Limited will only share your personal data with third parties where it is necessary in relation to the processing purposes stated above.

ii. Internal third parties

Claims Funding Europe is jointly owned by Australian law firm Maurice Blackburn Lawyers (“Maurice Blackburn”) and Singaporean based funding company International Litigation Funding Partners (“ILFP”). Your data may be shared with either Maurice Blackburn or ILFP acting as data processors and who are based in Ireland, Singapore or Australia.

iii. External third parties

We may share your personal data with:

  • Service providers acting as processors based in Ireland, the Netherlands, Australia or the US; or
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. We enter into data processing agreements with third parties who process personal data on behalf of CFE as a data processor.

International Transfers

We may share your personal data with internal or external third parties (listed above) who are located outside the EU or European Economic Area ("EEA"). We will take all reasonable and necessary steps to ensure your personal data is treated securely and in accordance with this Privacy Notice and applicable data protection laws, and will not transfer relevant personal data outside the EEA unless an appropriate safeguard is implemented, such as:

  • entering into data transfer agreements** based on the standard contractual clauses published by the European Commission with the recipient outside the EEA (unless the recipient is located in a country that has been granted adequacy by the European Commission under Art. 45 GDPR, such as Canada (for commercial activities));
  • on the basis of the EU-US Privacy Shield, if the third-party recipient in the US is Privacy Shield-certified.

**You can request a copy of the data transfer agreements we have in place for this purpose by contacting us as set out below.

Data Retention

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Details of retention periods for different aspects of your personal data are available by contacting us or through the Law Society of Ireland.

Your Legal Rights

You have a number of rights under EU data protection laws in relation to your personal data.
You have the right to:

  • Request access to your personal data (commonly known as a “data subject access request”) - you have the right to request a copy of the personal data we are processing about you, which we will provide back to you in electronic form. For your own privacy and security, in our discretion we may require you to prove your identity before providing the requested information. If you require multiple copies of your personal data, we may charge a reasonable administration fee.
  • Request correction of the personal data - you have the right to have incomplete or inaccurate personal data that we process about you corrected.
  • Request erasure of your personal data - you have the right to request that we delete personal data that we process about you, except we are not obligated to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. • Request the transfer of your personal data to you or to a third party (also known as "data portability"). We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you have provided to us, and where we are processing that data on the basis of your consent or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact Claims Funding Europe at privacy@claimsfundingeurope.eu.

You have the right to make a complaint at any time to the Data Protection Commission (“DPC”), the Irish supervisory authority for data protection issues, or to a supervisory authority in your country.

Please click here for a list of local data protection authorities in the other EU countries. If you have any concerns regarding how we process your personal data, please feel free to contact us in the first instance, as we would be happy to assist you

Contact

If you have any questions, concerns or comments about the processing of your personal data or if you would like to exercise your rights stated throughout this policy, please contact:

Claims Funding Europe Limited
Attn Privacy Coordinator
The Lennox Building
Richmond St S, Saint Kevin's
Dublin
D02 FK02
Ireland
privacy@claimsfundingeurope.eu

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