Last Updated: July 1, 2020
PERSONAL INFORMATION WE COLLECT
Our primary goals in collecting personal information are to provide and improve the Services, to administer your use of the Site and Apps, and to provide you with information that you request from us via your use of the Site and Apps, including, but not limited to, the provision of information about Fenwick & West hosted events and the Fenwick & West Alumni Group, the delivery of our email "legal updates" to subscription groups and responding to queries about, or applications for, job listings.
Information You Provide to Us
Subscriptions. When you subscribe to receive alerts, newsletters, surveys or event announcements, we collect your name, email address, and business card information.
Account Creation. Clients may gain online access to certain client records hosted by Fenwick. To access these online records, we will collect the username and password from the client.
Fenwick Alumni. If you are a Fenwick alum, you can provide your personal and professional news, announcements, updated contact information and feedback on how we can serve you better.
Your Communications with Us. We collect personal information from you such as your email address, phone number, or mailing address when you request information about our legal services and expertise, subscribe to our client alerts, register to attend a webinar or event, request customer or technical support, apply for a job or otherwise communicate with us.
Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
Social Media Content. We may offer forums, blogs, or links to social media pages such as Twitter, LinkedIn, Facebook and Instagram. Any content you provide on these channels will be considered public, and we may use this information to tailor our engagements with you, for example, providing you with details of events or legal updates we think may be relevant to you.
Information Collected Automatically or From Others
Automatic Data Collection. We may collect certain information automatically when you use the Services including information collected when you search for a Fenwick professional, open a client alert, view a video, publication or blog and use our Services. This information may include your Internet protocol (IP) address and inferred information such as company, area code, postal code and country; user settings; cookie identifiers and similar technology; mobile carrier; mobile advertising and other unique identifiers; details about your browser, operating system or device; location information such as inferred metro area and city; Internet service provider; pages that you visit before, during and after using the Services including information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.
In addition, we may automatically collect data regarding your use of our Services, such as the types of content you interact with and the frequency and duration of your activities. We may combine your information with information that other people provide when they use our Services.
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
- Analytics. We may also use Google Analytics, Marketo, LinkedIn Analytics, Gigya, SiteImprove, Facebook Analytics, and Twitter Analytics and other service providers to collect information regarding visit, or behavior and visitor demographics on our Services. For more information about Google Analytics: google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application or site, such as an app store or a social networking site, we may collect information about you from that third-party site that you have made public via your privacy settings. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
HOW WE USE YOUR INFORMATION
We use your information for a variety of business purposes, including to:
Provide you with our Services, such as:
- Managing your information and accounts;
- Allowing you to register for events and communicating with you about events;
- Providing access to certain areas, functionalities, and features of our Services;
- Communicating with you about your account, activities on our Services and policy changes;
- Undertaking activities to verify or maintain the quality or safety of a service or device;
- Providing Services on behalf of our clients, such as maintaining or servicing accounts, providing client service, and verifying information; and
- Processing applications and transactions.
Analyze and improve our Services pursuant to our legitimate interest, such as:
- Measuring interest and engagement in our Services;
- Undertaking research for technological development and demonstration;
- Researching and developing the Services, marketing or security procedures to improve their performance, resilience, reliability or efficiency;
- Improving, upgrading or enhancing our Services;
- Developing new content and Services;
- Ensuring internal quality control;
- Verifying your identity and preventing fraud;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity;
- Debugging to identify and repair errors that impair existing intended functionality;
- Enforcing our terms and policies; and
- Complying with our legal obligations, protecting your vital interest, or as may be required for the public good.
Provide you with additional content and Services, such as:
- Furnishing you with promotional information or materials about our legal services and expertise, including events we are holding, where we think that these may be of interest to you. Where required to do so by applicable law, we will obtain your consent in order to send you these promotional materials;
- Auditing relating to interactions, transactions and other compliance activities; and
- Other purposes you consent to, are notified of, or are disclosed when you provide personal information.
Where European Union data protection laws apply, such as the General Data Protection Regulation, we will process your personal information for the purposes described above and for marketing (described below) where we have a lawful basis to do so, as described above. For example, for processing necessary to provide you with the Services, the lawful basis will generally be that it is necessary for the purposes of performing our contract with you. For marketing (described below), we may send you marketing based on it being in our ‘legitimate interests’ to do so (where you are a corporate customer) or based on consent where you are acting in an individual capacity. Other processing we do, such as that for product development and improvement, may not be ‘necessary’ to provide the Services but may still be necessary for our ‘legitimate interests’ of running a business and offering the Services.
Use De-identified and Aggregated Information. We may use personal information and other data about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create.
Share Content with Friends or Colleagues.Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.
If you have any questions or concerns about how such data is handled or would like to exercise your rights, you should contact the person or entity, who has contracted with us to use the Service to process this data. Our clients control the personal information in these cases and determine the security settings within the account, its access controls and credentials. We will, however, provide assistance to our clients to address any concerns you may have, in accordance with the terms of our contract with them. If you are a client and wish to receive a list of our sub-processors, contact us as described below.
- Required. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
- Functional. We may use Technologies to assess the performance and offer you enhanced functionality of our Services, including as part of our analytic practices to help us understand how our visitors use the Services or identify you when you sign into our Services;
- Advertising. We may use first party or third-party Technologies to deliver content, including ads for Fenwick on third party sites.
Cross-Device Tracking. Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.
Notice regarding Third Party Websites and Social Media Platforms. The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
DISCLOSING YOUR INFORMATION TO THIRD PARTIES
Except as provided below, we do not disclose or sell your personal information with the following categories of third parties.
Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include: IT and related services; payment processors; customer service providers; and vendors to support the provision of the Services.
Business Partners. We may provide personal information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.
Affiliates. We may share personal information with our affiliated companies.
Advertising Partners. Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements for Fenwick to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.
Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
International Data Transfers. Information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. Where required by applicable law, we will ensure that appropriate safeguards are in place to protect your personal information. If we engage a third party to process personal information on our behalf, we will also contractually require them to handle your personal information appropriately. Further details can be provided upon request.
General. You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use non-personal information regarding your activities on our Services and for other legal purposes as described above.
We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law.
Mobile Devices. We may send you push notifications through our mobile application. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.
“Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.aboutads.info/choices/, https://youradchoices.ca/choices/, www.networkadvertising.org/managing/opt_out.asp, and http://www.youronlinechoices.eu/. Alternatively, for some devices you may use your device's platform controls in your settings to exercise choice.
Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
- Access personal information about you consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic personal information transferred to another party.
- Request correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information or we may refer you to the controller of your personal information who is able to make the correction.
- Request deletion of your personal information, subject to certain exceptions prescribed by law.
- Request restriction of or object to processing of your personal information, including the right to opt in or opt out of the sale of your personal information to third parties, if applicable, where such requests are permitted by law.
- Obtain categories of personal information we have either disclosed or sold about consumers in California for a business purpose in the past 12 months.
If you would like to exercise any of these rights, contact us as set forth below. We will process such requests in accordance with applicable law. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
SECURITY OF YOUR INFORMATION
By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
The Services are not directed to children under 18 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
If you are located in the European Economic Area or the UK and required by applicable law, you may have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
Fenwick & West, LLP
Attn: Privacy Questions
801 California Street
Mountain View, CA 94041