Privacy

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Ranked in Chambers & Partners Litigation Support Guide 2021 for Litigation Funding

1. Introduction

Asertis is committed to protecting and respecting your privacy. We wish to be transparent on how we process your information.

In this Privacy Notice, your information is sometimes called “personal data”. We may also sometimes collectively refer to handling, collecting, protecting, and storing your personal data as “processing” such personal data.

In this Privacy Notice the term “Data Protection Legislation” means the Data Protection Act 2018, which is the UK’s implementation of the General Data Protection Regulation (GDPR); together with all other applicable legislation relating to privacy or data protection.

It is the intention of this Privacy Notice to set out the bases on which we gather, use, process and disclose any personal data we collect about you, or that you provide to us.

2. Who we are

For the purposes of Data Protection Legislation, we are Asertis Limited, with our registered office at

Fifth Floor
55 King St
Manchester
M2 4LQ

When we refer to ‘we’ it is Asertis Limited, a company registered in England and Wales. No. 11269006.

The website (https://asertis.co.uk/) is owned and operated by Asertis Ltd.

Under the GDPR we sometimes act as data controller, where we are responsible for ensuring compliance with Data Protection Legislation, and sometimes as data processor under the authority of another organisation as Data Controller.  This privacy notice applies to personal information processed by Asertis as data controller.

3. Legal bases for processing personal data

We will only process your data in line with relevant regulation and law. As a data controller, Data Protection Legislation permits us to use the following grounds for processing personal data:

  • Legitimate interests;
  • Compliance with our legal obligations;
  • Fulfilment of a contract;
  • Performance of a task carried out in the public interest, such as assisting a regulatory authority’s investigation of a criminal offence.

Our primary grounds for handling data are the legitimate interests of our business.   Data Protection Legislation allows the use of personal data where our legitimate interests are not outweighed by your interests, fundamental rights, or freedoms as the data subject.

Our principal business is litigation funding:

In Insolvency funding, Asertis supports claims from Insolvency Practitioners or insolvent estates to realise value for the creditor(s).  The claim may be assigned to us, or we may act as a third-party funding provider.  We act as data controller in relation to assigned claims, which requires us to understand individuals linked to the insolvent estate and their circumstances to conduct ourselves in an appropriate way.  This privacy notice describes our data processing activities in assigned cases.

In Commercial dispute funding, Asertis supports claims across a wide range of disputes and group actions, and we act solely as a third-party funding provider.

Whenever Asertis acts as third-party funding provider, we process personal data as a data processor under the explicit authority of the data controller, who is usually the organisation seeking funding on behalf of a claimant.  In these cases, it is their privacy notice which will provide details of the data processing activities.

4. INDIVIDUALS RELATING TO CLAIMS

a. Types of personal data we may process

For us to run and administer our business, we need to process your personal data. Types of personal data that we process may include:

  • Individual details – Name, address, other contact details (e.g., email and telephone numbers), gender, marital status, date and place of birth, nationality, employer, job title and employment history, and family details, including their relationship to you.
  • Financial detail –details on any debts or assets you may have.
  • Court judgments, decrees, and administration orders
  • Bankruptcies, Individual Voluntary Arrangements, and similar events
  • Identification details – Identification numbers issued by government bodies or agencies, including your passport number, tax identification number

 

b. Special Categories of personal data

Some personal data that we hold (such as details relating to physical or mental health or condition, ethnicity, criminal or alleged criminal offences) may be deemed special categories of personal data for the purposes of Data Protection Legislation. We may seek your consent to process special categories of personal data; however certain special categories of personal data (such as that relating to alleged offences) may be necessary for us to process to comply with our legal obligations.

 

c. Where we collect personal data from

We may collect your personal data from various sources, including

  • Law Firms, Insolvency Practitioners and other third parties related to them
  • Information you have provided to us
  • Publicly available data sources

 

d. Who we share personal data with

To conduct our business and to comply with legal obligations imposed on us, we may share your information with third party companies, agents, contractors, service providers or related companies.

If we are required to do so by law, or in performance of our legal obligations, we may share your data with courts, law enforcement agencies or other governmental agencies.

We may use Information Technology Processors to perform tasks on our behalf, for example IT service providers.

5. Website Users

a. Types of personal data we may process

We may collect information from you through our website including but not limited to:

  • Your name and business name
  • Your contact information including email address, phone numbers and addresses
  • Other information supplied in online forms

We require this information to understand your needs and provide you with a better service.

 

b. How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

c.     Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

d. Who we share personal data with

We will not sell, distribute, or lease your personal information relating to website usage to third parties unless we have your permission or are required by law to do so.

We may use Information Technology Processors to perform tasks on our behalf, for example IT service providers.

6. Business Contacts

For us to run our business, we develop business relationships with individuals at law firms, insolvency practitioners and brokers who may be seeking litigation funding now or in the future or may previously have worked with us or one of our employees.

 

a. Types of personal data we may process

Types of personal data that we process for Business Contacts may include name, address, contact details (e.g., email and telephone numbers), gender, employer, job title and employment history.

 

b. Where we collect personal data from

We may collect your personal data from various sources, including

  • Law Firms, Insolvency Practitioners and other third parties related to them
  • Information you have provided to us
  • Publicly available data sources

 

C. Who we share personal data with

To conduct our business and to we may share your information with third party companies, agents, contractors, service providers or related companies.

We may use Information Technology Processors to perform tasks on our behalf, for example IT service providers.

 

d. Marketing

As a Business Contact, Asertis may like to send you information about services that we offer.  If you have agreed to marketing, you may always opt out later.  You have the right to at any time to stop Asertis from contacting you for marketing purposes.  If you no longer wish to be contacted for marketing purposes, you may reply to the email correspondence directly, or contact us at our registered office:

Fifth Floor
55 King St
Manchester
M2 4LQ

7. How we store your data

Asertis securely stores your data using a range of measures.  We require our employees and any third parties who carry out work on our behalf to comply with appropriate compliance standards including obligations to protect any personal information.

8. How long we keep personal data

We will only keep personal data and other information for as long as it is necessary either to perform our obligations or to comply with any legal obligations to which we are subject. Personal data found to be irrelevant or excessive will be removed or destroyed at the earliest opportunity. When personal data is deleted this will be done safely such that the data is irrecoverable.

As a rule, for legal and best practice reasons we are required to keep your information for 6 years after the date on which our relationship with you ends.

9. Your data protection rights

a. Right to Access

You have the right to access a copy of the personal data we hold.  Any requests made to Asertis will be carefully considered; dealt with promptly and, unless special circumstances apply, a response will be provided in not more than a month from the request. If we are unable to provide the data, you require in this time period (e.g., due to the complexity) we may extend the period to provide the data but will explain the reason why. There is no charge for the request to access your data.

 

b. Right to Rectification

We aim to ensure the accuracy of all personal data that we hold.  You have the right to have your personal data corrected or completed if you feel we have incorrect data.  If you would like to correct data, please contact us.

 

c. Rights to object or request erasure

You have the right to object to our use of your personal information, or to ask us to delete, remove, or stop using your personal information if there is no need for us to keep it. This is known as the ‘right to object’ and the ‘right to erasure’, or the ‘right to be forgotten’. Section 3 of this notice explains our bases for processing your data and why we need to process your personal data in relation to the activities we undertake. This is why your right to object doesn’t automatically lead to deletion of your information, but we will carefully consider every request we receive and if we can’t delete your information, we shall inform you and explain why we cannot.

 

d. Right to restrict processing

In some circumstances, you can ask us to restrict how we use your personal data. This is not an absolute right, and your personal data may still be processed where certain grounds exist. These grounds include:

  • With your consent;
  • For the establishment, exercise, or defence of legal claims;
  • For the protection of the rights of another natural or legal person;
  • For reasons of important public interest.

Only one of these grounds needs to be demonstrated to continue data processing. We will carefully consider and respond to requests we receive, including assessing the applicability of these exemptions.  If we believe an exemption applies, we shall inform you and explain.

 

e. Rights related to Automated Decision Making

If we use automated decision-making, you will always be informed.  You will be entitled to have a person review the decision before further action is taken.

10. Your right to make a complaint

We work to high standards when it comes to processing your personal information. If you have queries or concerns, please contact us.

If you remain dissatisfied, you can make a complaint about the way we process your personal information to us as the UK supervisory authority, the Information Commissioner’s Office. Please follow this link to see how to do that.

https://ico.org.uk/make-a-complaint/

11. Security

We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the personal data we process.

12. Changes to this Privacy Notice

If our Privacy Notice changes in any way, we will place an updated version on this page. Regularly reviewing this page will ensure that you are always aware of how we process personal data.  The current version fully replaces all previous Privacy Notices.

13. How to contact us

If you have any questions about Asertis’ privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us our registered office:

Fifth Floor
55 King St
Manchester
M2 4LQ