A. Introduction
Vannin Capital (“Vannin”, “we”, “us”, or “our”) is strongly committed to protecting personal data. This privacy statement describes why and how we collect and use personal data and provides information about individuals’ rights. It applies to personal data provided to us, both by individuals themselves or by others. We may use personal data provided to us for any of the purposes described in this privacy statement or as otherwise stated at the point of collection.
Personal data is any information relating to an identified or identifiable living person.
Vannin processes personal data under three primary heads:
- Business contacts
- Associated with disputes that we are funding or considering for funding; and
- Employees
When collecting and using personal data, our policy is to be transparent about why and how we process personal data. To find out more about our specific processing activities, please go to the relevant sections of this statement.
Collection of personal data
The collection of personal data and the addition of that personal data to the supplier relationship management system (the “Vannin SRM”) is initiated by a Vannin user after that user has met or communicated with an individual who we consider may be interested in knowing more about or utilising the solutions we offer. Individuals are primarily lawyers or other professional service providers and/or individuals associated with them.
The data collected may include name, employer/business name, title, (city) location, phone number, email and other business contact details. In addition, the Vannin SRM may collect data from other Vannin systems concerning the history of business opportunities introduced to Vannin by each contact.
We do not collect personal data that superfluous to the purpose of our processing.
Use of personal dataPersonal data in the Vannin SRM may be visible to and used by Vannin users to learn more about a business contact or client and may be processed for the following purposes:
- Administering, managing and developing our businesses and services including the arranging of a physical meeting or following up on a previous meeting
- Providing information about us, our industry and our range of services and solutions including infrequent direct marketing
- Making contact information available to Vannin users
- Describing the nature of a business contact’s relationship with Vannin
Vannin and its affiliates do not purchase or sell or otherwise release personal data contained in the Vannin SRM to third parties for the purpose of allowing them to market their products and services.
Lawful basis of processing
Vannin has a legitimate interest in the above processing of personal data relating to business contacts to ensure that Vannin can effectively run its business and improve the relevance of communications between Vannin and each business contact.
The processing of data in this way is within the reasonable expectations of the individuals whose data is being processed and proportionate to the data that is being collected.
Data retention
Personal data will be retained on the Vannin SRM for as long as it is necessary for the purposes set out above (i.e. for as long as we have, or need to keep a record of, a relationship with a business contact).
Collection of personal data
Occasionally when reviewing potential funding opportunities or administering existing funding commitments (“the purposes”), we may be provided with personal data relating to individuals somehow connected with the litigation/arbitration in question.
Our policy is to make every effort to collect only the personal data necessary for our processing purposes and we ask our clients to only share personal data where it is needed for the purposes.
Generally, we collect personal data from our clients or from a third party acting on the instructions of the relevant client (typically the client’s legal counsel). Where we need to process personal data to provide our services, we ask our clients to provide the necessary information to the data subjects concerned regarding its use.
Use of personal data
Personal data may be relevant to our diligence and appraisal of potential funding opportunities and may influence the decision of whether to provide or continue funding a dispute(s).
If so relevant, such personal data may be included in our documented and undocumented appraisal process or in the records of the ongoing monitoring of a funded dispute. We will only include personal data in such analysis if it is relevant.
Vannin and its affiliates do not sell or otherwise release personal data contained in the Vannin SRM to third parties for the purpose of allowing them to market their products and services.
Lawful basis of processing
Vannin has a legitimate interest in processing this personal data in order to ensure that we are able to fully appraise and/or monitor our funding commitments. To not do so may result in us entering into a transaction on incomplete information and thereby increase the risk of loss to our business.
Further, a key part of our business is the provision of funding that enables our clients to establish, exercise or defend legal claims either in court or in an arbitral forum. We may need to process personal data (sometimes including special category data) in order to effectively deliver our services.
Security
Personal data will be contained in documentation that is uploaded to our proprietary case management system and will be subject to technical security protections outlined later in this privacy statement.
In addition to the technical security protections that Vannin has implemented, personal data provided to Vannin via lawyers is subject to legal privilege (common interest privilege) which is documented in a Non-Disclosure and Common Interest Agreement and enshrined in common law.
Data retention
We retain the personal data processed by us for as long as is considered necessary for the purpose for which it was collected (including as required by applicable law or regulation).
In the absence of specific legal, regulatory or contractual requirements, our baseline retention period for records and other documentary evidence created in the provision of services is 8 years.
We collect personal data concerning our own employees as part of the administration, management and promotion of our business activities.
Employees should refer to Section 31 of the Staff Handbook for information on why and how personal data is collected and processed.
B. Security
We take the security of all the data we hold very seriously. We have a policies, procedures and training in place covering data protection, systems access, confidentiality and security and regularly review the appropriateness of the measures we have in place to keep the data we hold secure.
Vannin Information Systems Infrastructure is located in secure data centres around the world, and personal data may be stored in any one of them. All datacentres contracted by Vannin are accredited by the following ISO standards - ISO-IEC 27001 and ISO 9001 and all Vannin data (including personal data is protected by 2048bit encryption during transport and at rest.
Further we have organisational protections in place including (i) management approval for access to systems; (ii) tiered access to systems depending on job type; (iii) VPN access to proprietary systems.
C. When and how we share personal data and locations of processing
We will only share personal data with others when we are legally permitted to do so.
We are a global business with operations in Jersey, United Kingdom, Australia, United States of America, Isle of Man, France and Germany. As a result, personal data may be shared with Vannin users based in countries outside the European Union ("EU").
We have taken steps to ensure all personal data is provided with adequate protection and that all transfers of personal data outside the EU are done lawfully. Where we transfer personal data outside of the EU to a country not determined by the European Commission as providing an adequate level of protection for personal data, the transfers will be under an agreement which covers the EU requirements for the transfer of personal data outside the EU, such as the European Commission approved standard contractual clauses. The European Commission approved standard contractual clauses are available here.
D. Transfers of Personal Data
Personal data held by us may be transferred to:
We may share personal data with other Vannin affiliates where necessary for administrative purposes and to provide a professional service to our clients (e.g. when providing services involving Vannin affiliates or individuals in different territories). Our business contacts are visible to and used by Vannin users from other Vannin affiliates for the processing purposes outlined in this Privacy Statement.
We use third parties to support us in providing our services and to help provide, run, manage and monitor our internal IT systems. For example, providers of information technology, cloud-based software as a service providers, website hosting and management, data back-up, security and storage services.
Professional service providers who
- undertake background checks of job applicants and employees; undertake payroll, tax or other filing responsibilities;
- prepare legal opinions
Law enforcement or other government and regulatory agencies or to other third parties as required by, and in accordance with, applicable law or regulation
Occasionally, we may receive requests from third parties with authority to obtain disclosure of personal data, such as to check that we are complying with applicable law and regulation, to investigate an alleged crime, to establish, exercise or defend legal rights. We will only fulfil requests for personal data where we are permitted to do so in accordance with applicable law or regulation.
E. Your Rights
Access to personal data
You have a right of access to personal data held by us as a data controller. This right may be exercised by emailing us at dataprotection@vannin.com. We will aim to respond to any requests for information promptly, and in any event within the legally required time limits (currently 1 month).
Amendment of personal data
To update personal data submitted to us, you may email us at dataprotection@vannin.com or, where appropriate, contact us via the relevant website registration page or by amending the personal details held on relevant applications with which you registered.
When practically possible, once we are informed that any personal data processed by us is no longer accurate, we will make corrections (where appropriate) based on your updated information.
Withdrawal of consent
Where we process personal data based on consent, individuals have a right to withdraw consent at any time. We do not generally process personal data based on consent (as we can usually rely on another legal basis). Nevertheless, to withdraw consent or instruct us to stop processing of your personal data please email us at dataprotection@vannin.com or, to stop receiving emails from a Vannin marketing list, please click on the unsubscribe link in the relevant email received from us.
Other data subject rights
This privacy statement is intended to provide information about what personal data we collect about you and how it is used. As well as rights of access and amendment referred to above, individuals may have other rights in relation to the personal data we hold, such as a right to erasure/deletion, to restrict or object to our processing of personal data and the right to data portability.
If you wish to exercise any of these rights, please send an email to dataprotection@vannin.com.
F. Changes to this privacy statement
We recognise that transparency is an ongoing responsibility so we will keep this privacy statement under regular review.
This privacy statement was last updated on 21 May 2018.
Data controller and contact information
The data controller is Vannin Capital PCC (registered in Jersey with registration no. 119327 with its registered office 2nd Floor Sir Walter Raleigh House, 48-50 Esplanade, St Helier, JE2 3QB, Jersey).
If you have any questions about this privacy statement or how and why we process personal data, please contact us at:
Data Protection Office
Vannin Capital
2nd Floor Sir Walter Raleigh House
48-50 Esplanade
St Helier
JE2 3QB
Jersey
Email: dataprotection@vannin.com
G. Complaints
We hope that you won’t ever need to, but if you do want to complain about our use of personal data, please send an email with the details of your complaint to dataprotection@vannin.com. We will look into and respond to any complaints we receive.
You also have the right to lodge a complaint with the Information Commissioner’s Office (“ICO”) (the UK data protection regulator). For further information on your rights and how to complain to the ICO, please refer to the ICO website.
H. Privacy Statement Australia
To view our Australian Privacy Statement, please click here.