FENWICK

We self-certify compliance with

Safe Harbor Privacy Policy

Fenwick & West LLP ("Fenwick" or "the firm") is a law firm with clients located throughout the world.  In its work, Fenwick often needs to review data from clients and third parties to provide legal advice.  Fenwick has established a comprehensive privacy program designed to help us respect and protect individuals' data privacy rights.  In some matters Fenwick must review data that is subject to the protections provided in the European Union Directive on Data Protection and/or  the Federal Data Protection and Information Commission of Switzerland (together the "Directives").  

Fenwick has committed to handling all data subject to the Directives in accordance with the Safe Harbor Principles of the U.S. Department of Commerce. Fenwick's Safe Harbor certification can be found at https://www.export.gov/safehrbr/list.aspx. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's website at www.export.gov/safeharbor.

This Safe Harbor Privacy Policy (the “Policy”) describes Fenwick's procedures to comply with the U.S./E.U. Safe Harbor and the U.S./Swiss Safe Harbor privacy principles.  In that Fenwick is a law firm providing legal advice to clients in transactions, hearings, regulatory/enforcement matters and litigation, the Notice, Choice and Access principles do not apply.  All of the data collected, sorted, reviewed and potentially produced to other parties pursuant to law is processed and used solely for the establishment of a legal claim or defense or is related to representing a client's interests and rights in an acquisition, merger, joint venture or other transaction. The data collected, sorted and review is also subject to legal and ethical duties of confidentiality.

Secure Handling of Confidential Personal Information

Fenwick protects data subject to the Directives by storing it only in secure, monitored facilities.  The data is stored, sorted and processed on secure IT systems.  Fenwick follows generally accepted security protocols and procedures to protect information and data from loss, misuse, unauthorized access, disclosure, alteration, corruption and destruction.  Data subject to the Directives is not disclosed unless required to protect the rights of clients or pursuant to legal requirements imposed by statutory, regulatory or case-law rule.  Data subject to the Directives is not disclosed to third party entities with the exception of entities providing services to Fenwick, but only if such disclosure is permitted under applicable law and only if the third party operates in accordance with Fenwick's data handling standards and/or if the third party is itself a member of the Safe Harbor program.

Policies and Training

Fenwick maintains confidentiality, security, data handling and privacy policies that govern all data and information disclosed to Fenwick's attorneys, staff and third party vendors.  All personnel are made aware of these policies through regular publication of the policies and by regular training.  Employees are subject to discipline, up to and including termination, for failing to follow these policies. Fenwick, through the firm's office of the Chief Information Officer, regularly conducts and/or commissions objective reviews of compliance with this Privacy Policy.

Verification Mechanism and Enforcement

Fenwick conducts self-assessment to verify that this Policy's contents are up to date and accurate and that Fenwick's conduct is compliant with those contents.  The Chief Information Officer will annually review the policy and the firm's conduct thereunder in a signed statement that will be updated annually and will be published on the firm's website.  Fenwick's Privacy Policy concerning data subject to the Directives is accurate, comprehensive, fully implemented and prominently displayed and accessible on the firm's website. (See, www.fenwick.com/safeharbor.)

Contacts for Questions and Inquiries

The firm's office of the Chief Information Officer, Matthew Kesner,  office of the General Counsel, Tyler Baker, Esq., and privacy officer, Terri Stirm, respectively, are the designated contacts for handling questions, complaints and other Safe Harbor inquiries.  Mr. Kesner, Mr. Baker, and Ms. Stirm can be reached at mkesner, tbaker, and tstirm respectively.  Any complaints concerning the Privacy Policy will be investigated.  If the firm is unable to resolve the complaint to the satisfaction of all parties, the dispute will be referred to alternative dispute resolution provided by JAMS (see www.jamsadr.com).