Last Updated: September 20, 2023
NOTICE AT COLLECTION
At or before the time of collection, California residents may have a right to receive notice of our privacy practices, including the categories of personal information to be collected, the purposes for which such information is collected or used, whether such information is “sold” or “shared” and how to opt-out of such uses, and how long such information is retained. You can find those details in this statement by clicking on the above links.
PERSONAL INFORMATION WE COLLECT
Our primary goals in collecting personal information are to provide and improve the Services, to administer your use of the Services, and to provide you with information that you request from us via your use of the Services, including, but not limited to, the provision of information about Fenwick & West hosted events and the Alumni Network, the delivery of our email "legal updates" to subscription groups and responding to queries about, or applications for, job listings. If you are a job applicant, please review our job applicant privacy notice which is incorporated herein by reference.
Information You Provide to Us
Subscriptions and Other Content. When you subscribe to receive alerts, newsletters, surveys or event announcements or register to receive certain content and/or templates we may make available, including on the Client Portal, we collect your name, email address, and business card information (such as your office address, work phone number, and job title).
Account Creation and the Client Portal. Clients may gain online access to certain client records hosted by Fenwick or certain content and/or templates we may make available on the Client Portal. To access these online records or the Client Portal, we will collect the username and password from the client.
Alumni Network. When you register to our Alumni Network, we may collect certain information such as your first and last names, personal and/or professional email address, current professional information (e.g., employment type, company, job title), career history, telephone number, profile photo, resume-related information (e.g., degrees, certificates, references from employers and other professional qualifications). We may use information you provided us during your employment with Fenwick such as your date of birth, degrees, institution name and year of graduation. We may also collect information about how you want to support our Alumni Network (e.g., submitting content to share with the alumni community or commenting on content on the Alumni Network). In addition, you may provide us with your personal and professional news, announcements, updated contact information and feedback on how we can serve you better.
Alumni Network Job Board. We may post third-parties’ job openings and opportunities on our Alumni Network Job Board. If you express your interest in applying to a job opening/opportunity, your application will be submitted on the third-party’s website, however, we may collect information about your expression of interest in such opportunity.
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. For Alumni Network, we may also collect your interaction and comments to our Alumni Network’s content.
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.
Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, recruiting events, and other events.
Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
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 information; location information and inferred metro area and city); and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using the Services including information about the links you click, the types of content you interact with, the frequency and duration of your activities, 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. For a detailed description of the cookies we use and to opt out of the use of certain cookies, please visit “Cookie Preferences” on our Site.
- 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. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
- Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These technologies allow us to process usage data to better understand how our website and web-related Services are used, and to continually improve and personalize our Services. Some of our analytics partners include:
- Facebook Connect. For more information, please visit Facebook’s Data Policy. You can object to the collection of your data by the Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address while logged into your Facebook account: https://www.facebook.com/settings?tab=ads.
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, and Services.
- Alumni Network. In addition, when you use our Alumni Network, we may collect personal data about you when others associate their contacts with your profile or send, receive, or engage with messages in connection with our Services messages using our Services (including invites or connection requests). We also use scanning technology on messages to support and protect our site. For example, we use this technology to manage or block content that violates our terms and policies from our Services. If you or others opt-in to sync email accounts with our Services, we will also collect “email header” information that we can associate with Member profiles. If you communicate through our Services, we learn about that.
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;
- Processing your financial information and other payment methods for our Services; and
- Processing job applications if you apply for a job we post on our Services.
Analyze and improve our Services pursuant to our legitimate interest, such as:
- Authenticating and verifying individual identities, including requests to exercise your rights under this policy;
- 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;
- Sharing personal information with third parties as needed to provide the Services;
- Enforcing our agreements 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 to which you consent that are clearly disclosed to you 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 service 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.
If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.
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 device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use, disclose, and retain such information as permitted by applicable laws including, but not limited to, for research, analysis, analytics, and any other legally permissible purposes.
Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities that allow you to provide information about your friends through our referral services; third parties may also use these services to upload information about you. 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. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker).
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.
- Operationally Necessary. 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;
- Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics above);
- Functionality-Related. We may use Technologies to assess the performance and offer you enhanced functionality of our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past content viewed;
- Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads for Fenwick on third party sites.
See “YOUR PRIVACY CHOICES AND RIGHTS” below to understand your choices regarding these Technologies.
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. Providing personal information to third-party 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 and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, data hosting, website development and operation, and related services; payment processing, customer service, and related services.
Business Partners. We may provide personal information to business partners to provide you with a the products or services you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.
Affiliates. We may share personal information with our affiliated corporate entities.
Other Users/Website Visitors. As described above in “Personal Information We Collect,” our Alumni Network allows you to share your User Content with other Users and or publicly, including with those who do not use our Services.
Advertising Partners. Through our Services, we may share your personal information with third-party advertising partners. These third-party advertising partners may 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 digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below under “Your Privacy Choices and Rights” or, if you are a California resident, by following the opt-out instructions described under “Supplemental Notice to California Residents.”
APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) as part of the functionality of Alumni Network. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us” 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. All personal 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. We endeavor to safeguard your personal information consistent with the requirements of applicable laws.
If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.
For more information about the safeguards, we use for international transfers of your personal information, please contact us as set forth below.
YOUR PRIVACY CHOICES AND RIGHTS
Your Privacy Choices. 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. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others. 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 learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
Your Privacy Rights. In accordance with applicable law, you may have the right to:
- Confirm whether we are processing your personal information (the right to know).
- Access to and portability of your personal information about you consistent including: (i) obtaining access to or a copy of your personal information in a structured, commonly used, and machine readable format; and (ii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine readable format (the “right of data portability”).
- 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.
- Request deletion of your personal information.
- Request to Opt-Out of Certain Processing Activities including, as applicable, if we process your personal information for “targeted advertising” (as “targeted advertising” is defined by applicable privacy laws), if we “sell ” your personal information (as “sell” is defined by applicable privacy laws), or if we engage in “profiling” in furtherance of certain “decisions that produce legal or similarly significant effects” concerning you (as such terms are defined by applicable privacy laws).
- 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.
- Withdraw your Consent to our processing of your personal information. Please note that your withdrawal will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal.
- Appeal our Decision to decline to process your request.
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.
If applicable laws grant you an appeal right and you would like to appeal our decision with respect to your request, you may do so by informing us of this and providing us with information supporting your appeal.
To determine the appropriate retention period for
personal information, we may consider applicable legal requirements, the
amount, nature, and sensitivity of the personal information, certain risk
factors, the purposes for which we process your personal information, and
whether we can achieve those purposes through other means.
SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
This Supplemental Notice for California Residents supplements our Privacy Notice and only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (as amended from time to time) (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information we have collected about them, and whether we disclosed that personal information for a business purpose (e.g., to a service provider), whether we “sold” that personal information, and whether we “shared” that personal information for “cross-context behavioral advertising” in the preceding 12 months. California residents can find this information below:
Category of Personal Information Collected by the Firm
Category of Third Parties Information is Disclosed to for a Business Purpose
|Category of Third Parties Personal Information To Whom Personal Information is Sold and/or Shared|
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Internet or other electronic network activity
Professional or employment-related information
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g, 34 C.F.R. Part 99))
Inferences drawn from other personal information to create a profile about a consumer
Profile reflecting a consumer's preferences.
|Personal information that reveals a consumer’s social security, driver’s license, state identification card, or passport number||N/A||N/A|
|Personal information that reveals a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account||N/A||N/A|
|Personal information that reveals a consumer’s precise geolocation||N/A||N/A|
|Personal information that reveals a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership||N/A||N/A|
|Personal information that reveals the contents of a consumer’s mail, email, and text messages unless Fenwick is the intended recipient of the communication||N/A||N/A|
|Personal information that reveals consumer’s genetic data||N/A||N/A|
|Biometric information that is processed for the purpose of uniquely identifying a consumer||N/A||N/A|
|Personal information collected and analyzed concerning a consumer’s health||N/A||N/A|
|Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation||N/A||N/A|
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect”, “How We Use Your Information”, and “ Disclosing Your Information to Third Parties” above, respectively. We will retain personal information in accordance with the time periods set forth in “Data Retention”.
We “sell” and “share” your personal information to provide you with “cross-context behavioral advertising” about Platform Science’s products and services.
Additional Privacy Rights for California Residents
Opting Out of “Sales” of Personal Information and/or “Sharing” for Cross-Context Behavioral Advertising under the CCPA. California residents have the right to opt out of the “sale” of personal information and the “sharing” of personal information for “cross-context behavioral advertising.” California residents may exercise these rights by emailing firstname.lastname@example.org.
Disclosure Regarding Individuals Under the Age of 16. Fenwick does not have actual knowledge of any “sale” of personal information of minors under 16 years of age. Fenwick does not have actual knowledge of any “sharing” of personal information of minors under 16 years of age for “cross-context behavioral advertising.”
Disclosure Regarding Sensitive Personal Information . Fenwick only uses and discloses sensitive personal information for the following purposes as permitted under the CCPA:
- To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services
- To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, and or confidentiality of stored or transmitted personal information.
- To resist malicious, deceptive, fraudulent, or illegal actions directed at Fenwick and to prosecute those responsible for those actions.
- To ensure the physical safety of natural persons.
- To verify or maintain the quality or safety of a product, service, or device that is owned, manufactured, manufactured for, or controlled by Fenwick, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by Fenwick.
- For purposes that do not infer characteristics about individuals.
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To authorize an agent, please contact us as set forth in “Contact Us” below, provide written authorization signed by you and your designated agent and ask us for additional instructions.
To protect your privacy, we will take the following steps to verify your identity before fulfilling request submitted under the CCPA. These steps may involve asking you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Examples of our verification process may include asking you to provide the first name, last name, email address, company name and country. We’ll also ask for your phone number and job title if applicable to the contact information we have on file.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.
SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us at email@example.com.
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 in violation of applicable law, we will delete any personal information.
If your personal information is subject to the applicable data protection laws of the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
- EEA Data Protection Authorities (DPAs)
- Swiss Federal Data Protection and Information Commissioner (FDPIC)
- UK Information Commissioner’s Office (ICO)
Fenwick & West, LLP
Attn: Privacy Questions
801 California Street
Mountain View, CA 94041