Privacy Policy

Privacy Policy 

Bentham Capital LLC (“Bentham”) is the U.S. 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 the United States of America. Bentham is committed to the protection of your personal information and respect for your privacy choices.

This Privacy Policy (“Policy”) applies in relation to Bentham’s commercial activities in the U.S. and explains how Bentham complies with applicable federal and state privacy legislation.

This Policy relates to the collection, use and disclosure (“handling”) of personally identifiable information, as defined in applicable legislation (“personal information”). This Policy is not intended to cover information other than personal information.

When you use the benthamimf.com website, submit personal information to Bentham, or authorize us to obtain personal information from other sources, you are agreeing to be bound by this Policy.

Please note that the benthamimf.com website contains links to other websites. When you click on a link to another site, including a link to another IMF Bentham entity operating outside of the U.S., you leave the Bentham site and this Policy will not apply to the handling of personal information on the other site. Bentham is not responsible for, and does not endorse, the content, security or reliability of any third party site linked on benthamimf.com. If you access such websites, either directly or via the Bentham site, you should review the privacy policy of each site.

The following principles govern our actions as they relate to the handling of personal information.

  1. Collection, Use and Disclosure of Personal Information


Categories of Personal Information Collected

Bentham collects personal information about clients, service providers (such as lawyers and experts) and other business contacts such as your name, mailing and email addresses, telephone number, job title and organization/employer name. When you visit bethamimf.com, the website may also collect technical information about your device, browser and settings.

In order to provide clients with our services, Bentham also collects information relating to the legal proceedings for which funding is sought or being provided.

How Personal Information is Collected

Bentham generally collects personal information directly from you or your authorized representatives. For example, Bentham may collect personal information about you when you (or your representatives) use the website, deal with us over the telephone, send us correspondence (whether by letter, fax, e-mail or via the website), request litigation funding or meet with a Bentham representative. If you contact us, Bentham may keep a record of that contact.

Bentham may also collect personal information from a third party or source. For example, Bentham may collect personal information about you from a publicly maintained record or from the public domain generally (for example via the internet or media).

Purposes for the Collection, Use and Disclosure of Personal Information

Bentham 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 collects, uses, and discloses your personal information to:

  • provide our services and products to you;
  • market our services and products to you;
  • keep you informed of legal and funding developments that may be of interest to you;
  • notify you of events that Bentham is holding;
  • communicate with you;
  • purchase goods and services from you;
  • help us manage or improve our services;
  • comply with legal obligations;
  • other purposes related to any of the above.

Bentham may disclose your personal information to:

  • other companies or individuals who assist us in providing services or who perform functions on Bentham’s behalf;
  • lawyers, experts and other third parties engaged to provide you with services that Bentham has agreed to fund;
  • potential business partners and their advisors in the context of a potential or actual sale of, or investment in, all or part of Bentham’s business;
  • anyone else to whom you authorize us to disclose it.

If Bentham discloses personal information to third parties engaged to perform services for us, Bentham prohibits the third party from using personal information for any purpose other than the specific purpose for which Bentham supplies it.

Bentham does not disclose personal information to third parties for the purpose of allowing them to directly market their products and services. Bentham does not sell or trade personal information, although personal information may be transferred as part of a business transaction.

Bentham may disclose personal information to third party service providers or affiliates (including its parent company, IMF Bentham Limited) outside of the U.S., and may use or store personal information outside of the U.S., in which case your personal information will be subject to the laws of that jurisdiction.

In certain circumstances, Bentham may have a legal duty or right to disclose personal information without your knowledge or consent.

Online Tracking

Bentham uses cookies to track user traffic patterns through the benthamimf.com website. 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 to record your preferences for future visits. In addition, Bentham may use third party cookies that track how you use benthamimf.com in order to target advertisements to you on other websites.

You may block cookies by adjusting your internet browser settings, although this may interfere with some functionality of the Bentham website. The Bentham website is not designed to override “do not track”, “disable cookies” or other browser settings and signals regarding online tracking or preferences. For more information on blocking cookies or targeted advertising, visit the Digital Advertising Alliance Consumer Choice page http://www.aboutads.info/choices/#completed.

  1. Individual Choice and Access

Bentham will obtain consent when we collect, use or disclose personal information. Depending on the circumstances, consent may be express, implied, or given through an authorized representative. In exceptional circumstances, personal information may be handled by Bentham without your knowledge or consent where such collection, use or disclosure is permitted or required by law.

Withdrawing Consent

You may withdraw your consent to the collection, use or disclosure of personal information, subject to certain legal or contractual restrictions and upon providing reasonable notice, by contacting the Bentham Privacy Officer as described below. However, in some cases, withdrawing your consent to the handling of some or all personal information may prevent Bentham from providing services to you.

Access to Personal Information

Bentham will keep personal information as accurate, complete and updated as necessary to fulfil the purposes for which it is used.

You can contact Bentham 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.

Upon written request, Bentham will provide you with access to your personal information. Bentham 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 Bentham amend the information.

Bentham will respond to access requests within a reasonable time and will notify you of any cost associated with fulfilling your request.

  1. Questions and Concerns

Bentham is accountable for the personal information in our control, including personal information disclosed to third parties we retain to assist us in providing services. Bentham has designated a global Privacy Officer to answer questions and investigate concerns about the handling of personal information. If you wish to gain access to your personal information, amend your personal information, change your marketing preferences, or have any questions or concerns about our personal information practices, please contact our Privacy Officer:

Email:
privacy@imf.com.au
Address:
PO Box Z5106, St George's Terrace, Perth, WA, Australia 6831
Fax:
+61 8 9225 2399
  1. Effective Date and Changes to This Policy

This Policy may be amended from time to time. An amended Policy will be posted to our website, benthamimf.com, when it comes into effect. Whenever you need to refer to this Policy you should refer to the website to ensure you have the most up to date version.

This Policy is effective as of 12 January 2017.