Bentham IMF Capital Limited (“Bentham IMF”) is the Canadian arm of IMF Bentham Limited, an Australian company listed on the Australian Securities Exchange (ASX: IMF), providing funding for high value legal claims and other related services in Canada. Bentham IMF is committed to the protection of your personal information and respect for your privacy choices.
This Policy relates to the collection, use and disclosure (“handling”) of personal information as defined in applicable legislation, being information about an identifiable individual. This Policy is not intended to cover information other than personal information.
When you submit personal information to Bentham IMF, or authorize us to obtain personal information from other sources, you are agreeing to be bound by this Policy. As described below, in most cases you may withdraw your consent to the handling of your personal information at any time.
The following ten principles govern our actions as they relate to the handling of personal information.
Principle 1 – Accountability
Bentham IMF is accountable for all personal information in our control, including personal information disclosed to third parties we retain to assist us in providing services. Bentham IMF has designated a global privacy officer to promote a culture of privacy compliance within Bentham IMF and the larger family of companies associated with Bentham IMF, including by implementing personal information handling procedures.
Principle 2 – Identifying Purposes
Bentham IMF will inform you (either by making this Policy available, through other written communications or orally) of the purposes for which we collect personal information before or at the time the information is collected. Several common purposes are identified below. In addition, we may inform you of other purposes from time to time.
Bentham IMF generally collects personal information directly from you or your authorized representatives. For example, Bentham IMF may collect personal information about you when you (or your representatives) deal with us over the telephone, send us correspondence (whether by letter, fax, e-mail or via the Bentham IMF website), request litigation funding via Bentham IMF’s website or meet with a representative of Bentham IMF. If you contact us, Bentham IMF may keep a record of that contact.
Generally, the type of information Bentham IMF collects and holds about clients, service providers (such as lawyers and experts) and other business contacts will include your name, mailing and email addresses, telephone number, job title and organization/employer name. Bentham IMF does not collect sensitive personal information (such as information about your health or religion) unless it is reasonably necessary for the services Bentham IMF provides and you consent to the collection.
In order to provide clients with our services, Bentham IMF also collects information relating to the legal proceedings for which funding is sought or being provided.
Bentham IMF may also collect personal information from third party public sources, such as the internet, media, or court or government registries. For example, Bentham IMF may collect personal information about you from a publicly maintained record of property ownership and encumbrances.
Principle 3 – Consent
Bentham IMF will obtain your meaningful consent before or when we collect, use or disclose personal information. Depending on the circumstances, consent may be express, implied, or given through an authorized representative. You may withdraw your consent at any time, subject to certain legal or contractual restrictions and upon providing reasonable notice. However, in some cases, withdrawing your consent to the handling of some or all personal information may prevent Bentham IMF from providing services to you.
In exceptional circumstances, personal information may be handled by Bentham IMF without your knowledge or consent where such collection, use or disclosure is permitted or required by law.
Principle 4 – Limiting Collection
The personal information collected by Bentham IMF will be limited to those details necessary for the purposes identified in this Policy and in other communications with you. Bentham IMF only collects personal information using fair and lawful means.
Principle 5 – Limiting Use, Disclosure and Retention
Bentham IMF will only use or disclose personal information for the purposes for which it was collected, as identified in this Policy and in other communications with you, or when it is required or permitted by law. Bentham IMF retains personal information only for the amount of time needed to fulfil those purposes, after which the personal information is destroyed or made anonymous.
IMF collects, uses, and discloses your personal information to:
Bentham IMF may disclose your personal information to:
If Bentham IMF discloses personal information to third parties engaged to perform services for us, Bentham IMF prohibits the third party from using personal information for any purpose other than the specific purpose for which Bentham IMF supplies it. Bentham IMF requires third parties who receive personal information to use safeguards equivalent to those in place at Bentham IMF to protect that information.
Bentham IMF does not disclose personal information to third parties for the purpose of allowing them to directly market their products and services. Bentham IMF does not sell or trade personal information, although personal information may be transferred as part of a business transaction.
Bentham IMF may disclose personal information to third party service providers or affiliates (including its parent company, IMF Bentham Limited) outside of Canada, and may use or store personal information outside of Canada, in which case your personal information will be subject to the laws of that jurisdiction, including laws related to the disclosure of personal information to law enforcement authorities.
In certain circumstances, Bentham IMF may have a legal duty or right to disclose personal information without your knowledge or consent. For example, Bentham IMF may need to disclose personal information in order to comply with tax or corporate governance legislation, to assist law enforcement or to collect a debt.
Principle 6 – Accuracy
Bentham IMF will keep personal information as accurate, complete and updated as necessary to fulfil the purposes for which it is used.
You can contact Bentham IMF to request access to your personal information to review its accuracy or to update your personal information. Please make a request in writing, using any of the contact methods described below.
Principle 7 – Safeguarding Personal Information
Personal information under Bentham IMF’s control is protected by physical, organizational and technological safeguards appropriate to the sensitivity of the information.
Bentham IMF will take all reasonable steps to ensure that your personal information is protected from misuse, interference, loss, unauthorized access, modification or disclosure. Bentham IMF maintains physical security over its premises and also maintains computer and network security. Bentham IMF requires its employees to respect the confidentiality of any personal information held by Bentham IMF.
Principle 8 – Openness
Bentham IMF is open about our personal information handling practices. Upon request, Bentham IMF will disclose the contact information for its Privacy Officer, the means by which you may gain access to your personal information on file, a description of the type of personal information held and how it is generally used and disclosed, and a copy of this Policy. In addition, most of this information is described in this Policy.
Principle 9 – Individual Access
Upon written request, Bentham IMF will tell you about the existence, use and disclosure of your personal information, and will provide access to that information. Bentham IMF will take appropriate steps to verify your identity (or verify that you act as a legal guardian or authorized agent of the individual concerned) before responding to a request to access personal information. If you believe any of your information is inaccurate or incomplete, you may make a request that IMF amend the information.
Bentham IMF will respond to access requests within a reasonable time and at minimal or no cost to you. IMF will provide you with access to your personal information in a manner requested by you, provided it is reasonable and proportionate to do so.
If Bentham IMF is unable to provide you with access to the information, Bentham IMF will provide you with reasons, except where prohibited by law. Bentham IMF will also provide you with details of the process for making a complaint about the refusal to grant you access.
Principle 10 – Addressing Concerns
Bentham IMF has procedures in place to receive, investigate and respond to questions and concerns about our handling of personal information. You may contact Bentham IMF’s Privacy Officer to request information about our personal information practices or to submit a written complaint.
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 Bentham IMF’s Managing Director. If you still remain unsatisfied with the outcome, you may refer your complaint to the applicable federal or provincial privacy regulator. Bentham IMF will provide you with the contact information for the applicable regulator upon request.
Contacting Bentham IMF
If you wish to gain access to your personal information, amend your personal information, withdraw consent to some or all handling of your personal information (including opting out of marketing communications from Bentham IMF), or have any questions or concerns about our personal information practices, please contact our global Privacy Officer:
Currency and Revisions
This Policy may be amended from time to time. An amended Policy will be posted to our website, benthamimf.ca, when it comes into effect. Whenever you need to refer to this Policy you should refer to Bentham IMF’s website to ensure you have the most up to date version.
This Policy is effective as of 12 January 2017.