Privacy Policy

This Privacy Notice sets out the way in which we will collect and use your personal information. For the purpose of this notice, “we” refers to APEX Litigation Finance Limited (“APEX”).

At APEX we are committed to protecting and respecting your personal data.

We understand that progressing a legal claim is a stressful and costly process. Subject to meeting our funding criteria, we provide finance support to progress your legal claim.

This Privacy Notice explains when and why we collect personal information about people who engage our services or visit our website, how we use it, the conditions under which we may disclose it to others, how we keep it secure, your rights and how the law protects you.

We may change this Privacy Notice from time to time so please check this page occasionally to ensure that you’re happy with any changes. 

Details of who we are and how you can contact us:

APEX is the Controller of your personal data, under the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018. APEX is incorporated in England, company registration number 11664128.

You may contact APEX to make requests, for example to exercise your data protection rights, to provide positive feedback or to make complaints by writing to us at:

APEX Litigation Finance Limited
20-22 Wenlock Road
London
N1 7GU

or by emailing enquiries@apexlitigationfinance.com

or by phone +44 (0) 208 012 7944

What are the purposes of processing your personal data we collect from you?

We process your personal data for the following purposes:

a. To deal with any case enquiry, that you may send to us via this website.

b. To perform a case risk assessment initially via our AI risk assessment platform, followed by our team reviewing your legal case, for the purposes of funding.

c. To identify persons authorised to instruct APEX and sign any relevant documentation.

d. To manage investments, as advisor to APEX’s investment funds.

e. For due diligence relating to investment, raising capital, sales and purchases.

f. To facilitate introductions between other professional service providers.

g. To investigate and resolve complaints.

h. To assess, monitor, audit and manage the funding of litigation cases.

i. Collecting information about your preferences to create a user profile.

j. To manage and administer your or your organisation’s business relationship with APEX including processing payments, accounting, billing, auditing, billing and collection. 

 

k. To comply with screening or identity verification obligations (e.g. anti-money laundering, fraud and crime prevention purposes); these may include automated checks of personal data or other information you provide about your identity against applicable sanction lists.

l. To comply with our legal and regulatory obligations and requests, in the UK and elsewhere in the world, including reporting to and/or being audited by national and international regulatory bodies.

m. To comply with court orders and exercises and/or defend our legal rights.

n To protect the security of and managing access to our IT and communication systems, online platforms, websites and other systems, preventing and detecting security threats, fraud or other criminal or malicious activities.

What is the legal basis for processing your personal data which we collect from you?

The legal basis for processing your personal data for purpose (a) to (g) above is that the processing is necessary for the purposes of the legitimate interests pursued by the Controller.

The legal basis for processing your personal data for purpose (h) and (j) is necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering into a contract.

The legal basis for processing your personal data for purpose (k) to (n) is legal obligation. 

As a result of fulfilling our service to you, we may process your special category data, as your legal case may include any of the following:

• personal data revealing your racial or ethnic origin;
• personal data revealing your political opinions;
• personal data revealing your religious or philosophical beliefs;
• personal data revealing your trade union membership;
• your genetic data;
• your biometric data (where used for identification purposes);
• data concerning your health;
• data concerning your sex life; and
• data concerning your sexual orientation.

The legal basis we use to process your special category data is legal claims.

What type of information is collected from you?

The personal data we may collect, use, store and transfer may include: 

Identification data including full name, nationality, job title, date of birth, country of birth, domicile and passport number. 

Contact data including home or business postal address, email addresses and telephone / mobile number. 

AI data is used to feed into our decision-making process.

Publicly available data including any information collected from publicly available resources. 

Legal data including case information about your legal claim, litigation or other legal proceedings against you or a third party.  

Technical data including internet protocol (IP) address, operating system and platform, browser type and version, time zone setting and location, browser plug-in types and versions, and any other technology on the devices you use to access this website. 

Usage Data including how you use our website, meetings with our employees and visits to our premises 

Who do we share your personal data with?

Within APEX, only those members of the workforce who have a valid business ‘need to know’ will be granted access to your personal data. Further, individual team members will only be given access to the part of your data that they need to perform their roles. These members of our team include:

• Provide underwriting services to you or to a company you are contracted to
• Provide general customer services to you
• Provide case risk assessment services
• Provide payment processing for professional services

Externally, your data may be shared with the following types of organisations for the reasons set out below – specifically so that we can deliver our service to you. Wherever possible the data shared are either anonymised and/or minimised and only those with a valid business ‘need to know’ in the receiving organisation are granted access. 

Your personal data may be shared with:

• Other APEX entities who are based in the Cayman Islands, on a confidential basis where required for the purpose of providing litigation funding, investment services, other products and services, administration, billing and other business purposes.
• External professional advisers on a need-to-know basis including lawyers, consultants, bankers, insurers, auditors and other experts based in the United Kingdom and Cayman Islands.
• Your legal representative.
• Your legal representatives introducer/broker.
• Our external IT company / AWS cloud provider / AI platform / case management system.
• Companies that provide accounting and payment processing services to us.
• Processors that may provide professional services, such as scanning and storage services.
• We may be required to share your personal data with other agencies to prevent fraud.
• We may share your data with potential investors, funders or purchasers for due diligence purposes relating to corporate investment, sales and purchases.
• In the event of litigation, we may be required to share your information with professional service providers, e.g. lawyers.

If you wish to understand more about what which companies your personal data are shared with, please contact us at enquiries@apexlitigationfinance.com

Details of transfers to third country and safeguards

We share your personal data with other APEX entities and we may transfer your information to jurisdictions outside of the UK as necessary for the purposes described here, including to countries that may not provide the same level of data protection as your home country. To protect such information, transfers will be made as permitted by applicable law, including where necessary being subject to appropriate standard contractual clauses. Regardless of where we process your information, we protect it in the manner described in this privacy statement and in accordance with applicable law.

We use Google Suite Business to provide IT infrastructure services to APEX, which includes data in transit and at rest.  These services are hosted in the USA. Google LCC uses Standard Contractual Clauses. More details about the Google Privacy Terms and Conditions can be found: https://policies.google.com/privacy/frameworks?hl=en.

Children 16 years of age or Under

This website is not intended for children and we do not knowingly collect data relating to children. We are concerned to protect the privacy of children aged 16 or under. If you are aged 16 or under‚ please get your parent/guardian’s permission beforehand whenever you provide us with your personal data.

Will my data be used for marketing purposes?

No, we will not send you any marketing information on any product or service provided by APEX or APEX entities. 

How will your data be stored?

We will ensure your data is stored securely. As far as possible we will hold all records electronically. All data will be held and accessed in accordance with the UK General Data Protection Regulation and Data Protection Act 2018.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

You can find further information on GDPR below and on the website of the Information Commissioner’s Office at www.ico.org.uk. 

Cookies

For information on cookies our site uses please see here.

Links to other websites

Our website may contain links to other websites run by other organisations. This privacy policy applies only to our website‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website.

In addition, if you linked to our website from a third-party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third party site and recommend that you check the policy of that third party site you visit.

How long will we keep your information for?

We will not keep your information for any longer than is necessary in the context of your engagement with us. We may be required to keep your information after our engagement has ended; for example to support any future complaints or to maintain our financial records.

Your personal data will be kept for as long as the funding agreement to which it applies is valid, and thereafter for a period sufficient to protect APEX’s business interests in the event of needing to comply with regulation and/or to meet any potential liability claim or litigation.

Please contact us at enquiries@apexlitigationfinance.com for details of our retention periods, for different aspects of your personal data.

What should I do if any of my details change?

Please contact us via email or phone to inform us of any change to your contact details.

It is very important that the details we hold are kept up to date.

What are my data subject rights?

Under certain circumstances, you have the right to exercise the following rights under UK data protection law. Please contact us using the contact details set out below if you wish to exercise any of these rights:

● Transparency – we must provide you with all the information set out in this privacy notice in a concise, transparent, intelligible and easily accessible form, using clear and plain language, so that you may understand how and why we process your data and what your rights are. We must keep you informed in a timely manner about our progress in responding to requests from you to access your rights under data protection law.

● Rights of access by the data subject – you have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, to have access to the personal data and associated information.

● Right to rectification – you have the right to have the personal data concerning yourself rectified without undue delay if it is not accurate. Taking into account the purposes of the processing, you also have the right to have incomplete personal data completed, including by providing a supplementary statement.

● Right to erasure (‘right to be forgotten’) – In some limited circumstances, you may have the right to obtain from us the erasure of your personal data without undue delay, when and if:

a. Processing your personal data is no longer necessary in relation to the purposes for which your data were collected

b. Where you withdraw consent for processing, but only if consent was the legal basis relied upon for that processing 

c. You object to processing and there are no overriding legitimate grounds for the processing or where you withdraw your consent to marketing

d. Your personal data has been unlawfully processed

e. Your personal data has to be erased to comply with a legal obligation to which the Controller is subject

f. Your personal data has been collected in relation to the offer of information society services to children

● Right to restriction of processing – In some limited circumstances you have the right to request that the processing of your personal data is restricted, in some cases for a limited time only, specifically when:

a. You are contesting the accuracy of your personal data while we verify its accuracy or correct it.

b. The processing is unlawful and you oppose the erasure of your data.

c. Where we no longer need your personal data for the purposes for which it was obtained but where you require the data for the establishment, exercise or defence of legal claims.

d. Where you have objected to the processing of your data pending the verification of whether legitimate grounds of the Controller override your interests.

You have the right to be informed by the Controller before the restriction of processing is lifted.

● Notification obligation regarding rectification or erasure of personal data or restriction of processing – We will let you know when the following things happen, unless is proves impossible or disproportionate to do so:

a. When we have rectified your data

b. When we have erased your personal data

c. When we have restricted the processing of your personal data

d. When we intend to lift any restriction to the processing of your personal data

We will also advise you about any recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort

● Right to data portability – Upon your request and where the legal basis for processing your personal data is ‘consent’ or ‘contract’, we will provide you with a copy of your personal data that you have provided to us and which are processed by automated means, in a structured, commonly used and machine-readable format. Upon your request and where technically feasible, we will also transmit those data to another data controller.

● Right to object – In some limited circumstances, you have the right to object to our processing of your personal data. When certain conditions are met we, as Controller, will no longer process your personal data. This right can be exercised only when:

a. Either the processing is necessary for the performance of a task carried out in the public interest or processing is necessary for the purposes of our legitimate interests (including profiling), but where we cannot demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or where processing is necessary for the establishments, exercise or defence of legal claims.

b. Processing for direct marketing purposes, including profiling.

c. When personal data are processed for scientific or historical research purposes or statistic purposes unless the processing is necessary for the performance of a task carried out for reasons of public interest.

● Automated decision-making, including profiling – You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significant effects. At the current time, we do not perform solely automated decision making or profiling.

You can contact us to request to exercise these rights at any time by email enquiries@apexlitigationfinance.com or by post.

Whether the provision of your personal data is part of a statutory or contractual requirement or obligation and possible consequences of failing to provide the personal data

The provision of your data is not part of a statutory or contractual requirement. 

The existence of automated decision making, including profiling and information about how decisions are made, the significance and the consequences

We do not currently perform automated decision making or profiling.

Details of the source your personal data originates from and whether it came from publicly accessible records.

The data we hold about you does not originate from publicly accessible records. If you have not provided your personal data directly or by the website, we have obtained it from one of the following sources:

• Intermediaries, brokers, agents, solicitors and funders.

Further information

Please contact us via email if you have any questions in relation to the information which we collect and how it is used

If you would like to speak to someone about what we do and how we can help, we will be happy to answer any questions you have. Please contact us via enquiries@apexlitigationfinance.com or +44 (0) 208 012 7944

How do I complain?

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

You can contact the Information Commissioner’s Office directly by: 

Post

The Information Commissioner’s Office

Wycliffe House 
Water Lane 
Wilmslow 
Cheshire
SK9 5AF
Tel: 0303 123 1113 (local rate)

or online at www.ico.org.uk/concerns

Review of this Privacy Notice

We keep this Privacy Notice under regular review. This Privacy Notice was last updated in February 2022, version 3.0.