GCG PRIVACY NOTICE – To View this Document in French Please Click Here
I. PROTECTION OF PERSONAL INFORMATION
Garden City Group, LLC and its Canadian and U.S. based affiliates (collectively “GCG”) are committed to preventing the misuse or unauthorized disclosure of personally identifiable information (“PII”) it collects in connection with the provision of its services. Accordingly, this Privacy Notice sets forth the types of information GCG may gather about you, how GCG may use that information, with whom it is shared, and what choices you have regarding GCG’s use of the information and how you may access the information provided to GCG.
BY SUBMITTING PII TO GCG, YOU CONSENT TO THE COLLECTION, ACCESS, TRANSFER, STORAGE, USE, DISCLOSURE AND/OR PROCESSING OF YOUR PII IN ACCORDANCE WITH THIS PRIVACY NOTICE AND AS REQUIRED BY LAW.
Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the purposes identified herein at any time by contacting GCG at the e-mail address provided below. If you refuse or withdraw your consent, you acknowledge that GCG may not be able to process your claim in a matter being administered by GCG.
III. POLICIES CONCERNING PII COLLECTED BY GCG
Pursuant to its work as a legal administrator, GCG regularly collects PII. Such PII is collected, among other ways, via the mail, the Internet or on GCG’s proprietary website, located at http://www.choosegcg.com, or through other websites that GCG may design and maintain in connection with its duties as administrator (collectively, the “Sites”).
GCG, as legal administrator, collects or receives PII that is reasonably necessary for GCG to (i) process, investigate or validate claims; (ii) provide administration services; or (iii) to comply with applicable laws, regulations or GCG policies and procedures. GCG’s clients and/or any courts that may be supervising a matter ultimately are responsible for determining whether it is reasonably necessary for GCG to collect certain types of claimant information in connection with GCG’s administration of a particular matter.
GCG’s clients and/or any courts that may be supervising a particular matter administered by GCG may determine that, to participate in that matter, a person must submit a completed claim form. In such matters, claimants or parties, as applicable, must provide the information, including any PII and any other confidential information, required on the claim form or they may not participate in the matter and, as a result, be barred from receiving a payment or other benefit. Claims filed in a bankruptcy proceeding will be accessible to the public. Anyone who believes that his or her bankruptcy claim contains PII that should be redacted should contact GCG at the e-mail address below so that the PII may be redacted from the public view of the claim.
A. Collection, Use and Disclosure of PII
1. The PII GCG May Collect
A person or entity may be required to provide PII in order to participate in a matter, access the Sites, receive notice, or receive a payment and/or other benefit. To do so, a person or entity may need to provide to GCG a full name, e-mail address, mailing address, phone number and other personal or sensitive information. A person or entity may also be asked in areas of the Sites or on a claim form for additional information that relates to particular matters for which a client and/or court has authorized GCG to provide administration services. Depending on the circumstances of the matter, a person or entity may be asked to provide tax identification or social security numbers, financial account information and/or other PII that GCG requires in order to evaluate, process, and/or distribute any payment or other benefit to such person or entity. In certain matters, the failure to provide PII will prevent the person or entity from participation in such matters.
2. Children’s Privacy
The Sites are not directed to children under the age of 13 and, therefore, GCG does not knowingly collect information from children under the age of 13 through the Sites.
3. How GCG May Use PII
GCG will retain and use PII to accomplish the purposes for which such PII was provided to GCG and for any related matters to which the information may be directly relevant and/or used for your benefit. GCG shall retain such PII only so long as is necessary to accomplish such purposes subject to, as applicable in each case, orders of the court, GCG’s document retention policies, contractual provisions concerning retention of documents, and/or the direction of GCG’s clients. GCG also may use that PII to customize the services GCG provides, and to comply with applicable laws, regulations and GCG policies. All hard copy and electronically stored PII shall be destroyed in compliance with court orders, GCG’s document retention policies, contractual provisions with clients or directions from clients, as applicable. Such destruction shall be conducted in a manner that prevents loss, theft, misuse, or unauthorized access to the information.
4. When GCG May Disclose PII
When required to do so, GCG will disclose PII to the appropriate taxing authorities (the “Tax Authorities”) in accordance with applicable income reporting requirements. Except for such Tax Authorities reporting and the limited situations discussed in this Privacy Notice, GCG will not share PII with any persons or entities unless (i) they are under contract with GCG to provide services in connection with the administration of a matter for which the PII was provided to GCG, (ii) they are a Canadian or U.S. based subsidiary or affiliate of GCG, or (iii) the court supervising the administration of the matter has authorized them to receive such PII. Thus, GCG may share PII as needed to fulfill requests to process claim forms or otherwise provide noticing, distribution and/or administration services. For example, GCG may be required to provide information to the court in which a case is pending, to the litigants in that case and/or to their counsel.
Subject to any and all applicable laws, regulations, court orders, client agreements and GCG policies or procedures, PII may be disclosed to clients and their retained professionals, counsel, auditors, contractors, vendors or other third parties only to the extent GCG deems such disclosure reasonably necessary to accomplish the purposes for which GCG acquired the PII and for any other settlements or related matters to which the information may be relevant and/or for a claimant’s benefit. GCG also reserves the right to disclose PII it acquired if GCG believes, in good faith, that such disclosure is required by law, including, but not limited to, a lawfully issued subpoena or that such disclosure may be necessary to prevent misuse of the Sites. For example, PII provided via the Sites may be used by GCG to identify, contact and/or bring legal action against someone whose activities may threaten (either intentionally or unintentionally) to infringe upon the rights or property of GCG, of other visitors to the Sites, or of anyone else.
In the event that GCG is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving GCG, you consent to your PII and any other information GCG may have collected being transferred to another party in connection with such transaction.
GCG does not rent, sell or otherwise disclose for any other purpose any PII.
5. Your Choices
Except as set forth herein, and if permitted by applicable law, individuals may opt out GCG’s use or disclosure of such individual’s PII in connection with GCG’s provision of legal administration services. Individuals that choose to opt out of GCG’s use or disclosure of PII may be prohibited from participating in that matter and, as a result, be barred from receiving a payment or other benefit that such individuals would otherwise be entitled to receive. For more information about how to unsubscribe from GCG e-mails relating to a particular project, please see the Unsubscribe section below.
B. Compiled Information
1. Statistical Information
GCG may gather general non-personal statistical information, including information about the use of the Sites, such as how many visitors visit a specific page, how long they remain on that page, and the hyperlinks, if any, on which they “click.” Through the use of technological features such as “IP addresses” and “cookies” (both of which are discussed in greater detail below), GCG may collect that kind of information to determine which areas of the Sites are visited most frequently, and to enhance the Sites for visitors. GCG also may compile that data in order to describe to our clients, the courts or others, or to respond to government and/or legal requests, the use of the Sites. Any such compiled data will not personally identify any person, including any visitor to the Sites.
2. IP Addresses
An “IP address” is a number that is automatically assigned to a computer whenever it is connected to the Internet. Web servers, computers that “serve up” web pages, automatically identify a computer by its IP address. GCG records IP addresses for purposes of system administration, to report statistical information and to track the use of the Sites. When a visitor requests pages from the Sites, GCG’s servers log the visitor’s IP address. It is not GCG’s usual practice to link IP addresses to any PII. Although a visitor’s session is logged, the visitor typically remains anonymous to GCG. GCG reserves the right to identify a visitor through an IP address if GCG believes doing so is necessary to enforce compliance with the Sites’ policies or to protect GCG, visitors to the Sites or, including, but limited to, law enforcement agencies.
3. Google Analytics
C. Links to Other Websites
Users of the Sites are advised that they may be directed to other websites that are beyond GCG’s control. Links may take a person from the pages of the Sites to unaffiliated websites. Those other websites may transmit to visitors those sites’ own “cookies” to, collect data or solicit personal information. The privacy policies of those other websites may differ significantly from the policies described in this Privacy Notice, and that GCG is not responsible for the privacy practices of those other websites and cannot guarantee the security of any personal information that may be collected there.
Protecting the security of PII is very important to GCG. When such PII is transmitted to GCG, it is protected by redundant firewalls (a combination of hardware and software that helps keep unauthorized visitors from accessing information within GCG’s computer network), as well as industry standard SSL/TLS (Secure Socket Layer/Transport Layer Security) encryption. Once GCG receives a transmission, GCG will take reasonable precautions to keep that information secure on its systems. However, data transmission over the Internet may not be guaranteed to be 100% secure. GCG, therefore, cannot warrant or guarantee the security of any PII transmitted to GCG online, or be responsible for the theft, destruction, or inadvertent disclosure of that PII.
E. Do Not Track
“Do Not Track” is a standard that is currently under development. As it is not yet finalized, GCG adheres to the standards set out in this Privacy Notice and does not monitor or respond to any “Do Not Track” browser requests.
F. Social Security Numbers
GCG will take reasonable measures to protect the confidentiality of all PII it collects, including social security numbers, and limit access to those with a need for any such information. GCG prohibits the unlawful disclosure of all PII in its possession, including social security numbers.
G. Visiting the Sites or Submitting PII From Outside the United States
If you visit the Sites or submit PII to GCG from outside of the United States, please be aware that your information may be accessed, transferred to, disclosed, stored, used and/or processed in the United States, which includes e-mails you send to any e-mail address contained in a claim form or in the Sites. By submitting PII to GCG or by using any portion of the Sites, you understand and consent to the access, transfer, disclosure, storage, processing and/or use of your information to our facilities in the United States, where such PII may be disclosed to, or accessed by law enforcement or national security authorities as may be required by applicable law.
H. Changes to This Notice
The terms of this Privacy Notice may change from time to time. If a change is made, the “Last Modified” date located at the bottom of this Notice will be updated. Visitors to the Sites are advised to check periodically for any changes. The continued use of the Sites after GCG posts changes to this Privacy Notice will indicate acceptance of those changes.
I. To Unsubscribe
If a person does not wish to receive e-mails from GCG in connection with a particular project, he or she may unsubscribe by contacting GCG at email@example.com and including the name of the specific administration or other matter that is the subject of the request.
Information contained in the Sites does not constitute the rendering of legal advice, and no attorney-client relationship is formed between GCG and any claimant, by virtue of GCG’s provision of legal administration services. GCG makes no representations about the privacy practices of any other parties, including GCG’s clients, who may receive personal information from GCG in the course of GCG’s services as a legal administrator.
Anyone who has PII on file with GCG may contact GCG at firstname.lastname@example.org to request access to or that GCG correct, amend, or delete information. Any questions regarding GCG’s Privacy Notice may also be directed to email@example.com.
© 2017 GCG. All rights reserved.
Last Modified on May 25, 2017