In furtherance of our obligations under the EU General Data Protection Regulation (GDPR), and any applicable laws, regulations and secondary legislation in England and Wales and in Guernsey relating to the processing of Personal Information and the privacy of electronic communications as amended, replaced or updated from time to time, including the Data Protection (Bailiwick of Guernsey) Law, 2017 (together with GDPR, the “Data Protection Law”) Burford Capital Holdings UK Limited, Burford Capital UK Limited and BCL are data controllers and processors and their registered address is:
Burford Capital Holdings UK Limited and Burford Capital UK Limited
2-19 Lancaster Place
London, WC2E 7EN
Burford Capital Limited
St Peter Port
Under Data Protection Law, Burford is not required to appoint a Data Protection Officer; please contact email@example.com if you have any queries on data protection or comments on this policy.
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
Burford is committed to protecting the privacy of persons in respect of whom Personal Information is received.
The information gathered by Burford from this Site falls into two categories: (1) information voluntarily supplied by visitors to our Site (see “Information Voluntarily Provided by You” below) and (2) tracking information gathered as visitors navigate through our Site (see “Cookies” below).
Investors & their affiliates
Burford mainly gathers Personal Information concerning investors in Burford and persons affiliated with them through the following sources:
- [subscription forms, investor questionnaires and other] information provided by the investor (including identification and verification documentation), in person, by telephone (which may be recorded), electronically or by any other means. This information includes identifiers such as names, addresses, nationalities, tax identification numbers, and financial and investment qualifications and may include special category data such as information regarding criminal convictions (see ” Information Voluntarily Provided by You” below);
- transactions, including account balances, investments, distributions, payments and withdrawals (see ” Information Voluntarily Provided by You” below).
Other data subjects
Burford also gathers information on data subjects as may be required for Burford’s work. This information is mainly gathered from the following sources: (i) Burford’s clients; and (ii) information made available about a data subject by a third party.
We may also collect Personal Information from credit reference agencies and available public databases or data sources, such as news outlets, websites and other media sources and international sanctions lists.
We will ensure that Personal Information is processed lawfully, fairly, and transparently, without adversely affecting an individual’s rights. We will only process Personal Information if at least one of the following basis applies:
- the relevant data subject has given consent to the processing of their personal data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the relevant data subject is a party or in order to take steps at the request of that data subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which we are subject;
- processing is necessary to protect the vital interests of the relevant data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
- processing is necessary for the purposes of the legitimate interests pursued by us or by a third party except where such interests are overridden by fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Burford does not base any decision on automated processing of Personal Information.
INFORMATION VOLUNTARILY PROVIDED BY YOU
When using this Site, providing information as an investor or an affiliate thereof in Burford, or in the course of any proceedings, you may choose to provide us with information to help us serve your needs or to request information or materials. This information could include your name, company name and e-mail address. Any Personal Information that you provide will be used only for the purpose indicated on the Site or in this policy. The Personal Information we collect is to enable us to contract with potential customers, engage with and accept investors and to comply with relevant legal obligations. In some cases, we may use Personal Information for our legitimate interests (such as contacting you with information about other services and products that are offered by Burford that we think may be of interest to you), or those of third parties, provided that a data subject’s interests and fundamental rights do not override those interests.
You may at your discretion refuse to communicate Personal Information to Burford or object to some processing of your Personal Information. There are, however, situations where Burford can refuse to comply with such a request. For example, where it is subject to a legal or contractual obligation to process the data. In this case, Burford may reject your registration or subscription or withhold payments/distributions until such time as the requisite data has been provided.
If you do not wish to be contacted by us for direct marketing purposes, please see the section titled “Contact Information” below.
The information that may be maintained by a cookie is used by Burford solely to help us manage the Site and our business (e.g., by helping us analyse traffic to our web site and offer repeat visitors to our site easier access to downloadable content). We discuss below the strict limitations we place on any use of Personal Information.
For more information about cookies and instructions on how to adjust your browser settings to accept, delete or reject cookies please visit http://www.allaboutcookies.org/manage-cookies.
DISCUSSION FORUM AND CHAT ROOM USE
If you participate in a Burford discussion forum or chat room, you should be aware that the information you provide there will be made available to Burford employees and other users of the service. Also, please recognise that the individual forums and chat rooms may have additional rules and conditions. Each participant (including any Burford employee or representative)’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of Burford.
DISCLOSURE OR USE OF PERSONAL INFORMATION
In the normal course of our business, information may be shared within Burford entities and may be used both for research and statistical purposes and crime prevention. We may also use it to ensure we present the Site content effectively to you, to provide information on services that may be of interest to you, to facilitate transactions with you as an investor (e.g. dividends) and notify you of any changes to our services. It may also be used to provide our clients with information about products and services that we believe could be of interest, by post, by telephone, e-mail, or other means. By giving us your Personal Information you agree to this arrangement. We will do what we reasonably can to keep your data secure.
Agents and Service Providers. We sometimes contract with other companies and individuals to perform functions or services on our behalf, such as hosting this Site, performing administration services in respect of Burford, sending e-mail messages, making phone calls on our behalf, or otherwise gathering and processing Personal Information as may be required for Burford’s legitimate interests including in respect of any proceedings. They may have access to Personal Information, such as addresses, needed to perform their functions, but are restricted from using it for purposes other than providing services for Burford and will be subject to specific contractual requirements in relation to the processing of such Personal Information.
Business Transfers. As we continue to develop our business, we might sell or buy assets or businesses. In such transactions, user information generally is one of the transferred business assets. Also, if either a Burford entity itself or substantially all of a Burford’s entity’s assets were acquired, your Personal Information may be one of the transferred assets.
Burford may preserve and has the right to disclose without your prior permission any information about you or your use of this Site, your investment, or any proceedings if Burford has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of Burford, employees, other investors (or their affiliates) in Burford, other users of this Site, or the public; (b) enforce the terms and conditions that apply to investment in Burford, the use of this Site or the advancement of any proceedings, or (c) respond to claims that any content violates the rights of third-parties. We may also disclose information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
Personal Information may be transferred to any country, including countries outside the European Economic Area (which may not have data protection laws equivalent to those in Guernsey and the United Kingdom), for any of the above purposes, including for systems administration. Where required to do so by law or where it considers appropriate, Burford will implement contracts which seek to ensure that any such recipient of Personal Information is contractually bound to provide an adequate level of protection in respect of the Personal Information transferred to it.
INFORMATION STORAGE AND SECURITY
We only keep your Personal Information for as long as we need to in order to use it as described above and/or for as long as we have your permission to keep it. In any event, we will conduct a review, as necessary, to ascertain whether we need to keep your Personal Information. Your Personal Information will be deleted if we no longer need it.
DISCLOSING YOUR INFORMATION
We are allowed to disclose your information in the following cases:
- If we want to sell our business, or [one or more of] our company[ies], we can disclose it to the potential buyer.
- We can disclose it to other businesses in our group.
- We can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights.
- We can exchange information with others to protect against fraud or credit risks.
We may contract with third parties to supply services to you on our behalf. These may include payment processing, administration and registrar services, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. If you have any questions, please contact firstname.lastname@example.org.
Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under Data Protection Law.
INFORMATION RELATED TO EMPLOYMENT
This Site may provide an opportunity to submit your curriculum vitae or an application form to us or apply for a position through this Site. If you submit information for such purposes, we will use (which may include transferring) the Personal Information you provide to evaluate your qualifications and contact you regarding any positions at Burford in which we believe you may be interested.
BURFORD IS NOT INTERESTED IN MINORS
You must be at least 18 years old and possess the legal authority to form legally binding contracts under applicable law to use this Site and the services provided on it. Burford does not knowingly collect Personal Information from those under the age of 18 nor are our services directed in any way towards minors. In an instance where such information was collected, it would be purely accidental and unintentional. Burford encourages parents to discuss the Internet with their children and monitor Personal Information that a child may provide via the Internet.
You can ask us not to use your data for marketing. You can do this by ticking the relevant boxes on our forms, or by contacting us at any time at email@example.com.
Under Data Protection Law in certain circumstances you have the right to:
- request access to, deletion of or correction of, your personal data held by us at no cost to you;
- request that your personal data be transferred to another person (data portability);
- be informed of what data processing is taking place;
- restrict processing;
- to object to processing of your personal data; and
- complain to a supervisory authority (and certain rights of appeal in connection therewith).
You also have rights with respect to automated decision-making and profiling.
- Opting Out
If when using this Site or as an investor (or affiliate thereof) you have previously furnished us with Personal Information but now do not want to receive further direct marketing communications, please let us know using the contact above. Opting out of receiving further communications shall not affect the lawfulness of processing your Personal Information for other reasons and based on other grounds where this is permitted under applicable law.