Last Updated: May 24, 2018
- Through our websites and blog sites ("Websites");
- Through social media properties ("Social Media");
- Through email messages that we send to you or receive from you ("Emails");
- Through the software applications made available by us for use on or through computers and mobile devices ("Apps") (i.e., file transfers, extranets, client portals, etc.);
- Through services we provide to our clients ("Client Services"); and
- Through offline information provided directly to employees and recorded and stored as electronic data ("Direct Data").
Collectively, we refer to the Websites, Apps, Social Media, Emails, Client Services, and Direct Data as the "Services
COLLECTION OF PERSONAL INFORMATION
" is any information that, either alone or in combination with other information, identifies you as an individual or relates to an identifiable individual. This includes:
- Postal address (including personal, business, billing, and shipping addresses);
- Telephone number; and
- Email address (personal and business).
We collect, and our service providers collect, Personal Information in a number of ways, including:
- Through the Services: We collect Personal Information through the Services. This includes in the course of operating our business generally, as well as when you visit our websites, sign up for a newsletter, request Services, register for a seminar, or use Services that can be accessed only by authenticated users who have logged in.
- Offline: We collect Personal Information from you offline. This includes when you participate in a contractual arrangement for Client Services, when you provide information in conjunction with our Client Services, when you interact with us as or on behalf of a client, or when you provide Direct Data.
- From Other Sources: We receive your Personal Information from other sources, for example:
- Publicly available databases and websites;
- Joint marketing partners and event sponsors, when they share the information with us;
- Individuals and entities to whom we provide Client Services, which may include your employer; and
- Social media platforms.
USE OF PERSONAL INFORMATION
We and our service providers may use your Personal Information in the following circumstances:
- When it is necessary to establish, exercise, or defend legal claims;
- When we need to do so in order to comply with a legal obligation;
- When we need to perform a contract we are about to or have entered into with you;
- When it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those legitimate interests;
- If you have already made the information public; or
- If you have given your consent.
Specifically, we use your Personal Information for our legitimate business purposes, including the following:
1) To provide Client Services
2) To provide the Services to you and fulfill your requests
- Validating authorized signatories when concluding agreements and transactions;
- Contacting individuals (including employees of institutional clients) in connection with providing Client Services; and
- Responding to inquiries and fulfilling requests from our clients, administering client file(s), providing professional legal advice and counseling services, and managing our client relationships.
3) To provide you with our newsletter, other marketing materials, and facilitating social sharing
- Providing the Services to you, such as arranging access to your registered account, and providing you with Client Services;
- Responding to your inquiries and fulfilling your requests when you contact us through one of our online contact forms or otherwise (e.g., when you send us questions, suggestions, compliments or complaints, or when you request other information about our Services);
- Sending administrative information to you, such as information regarding the Services, changes to our terms, conditions and policies, and notices as may be required by law or regulation; and
- Allowing you to send Services-related content to another person through the Services if you choose to do so.
4) To aggregate or anonymize Personal Information
- Sending you our newsletters, blogs, publications, legal updates, and mailings related to our seminars or events that we think may be of interest to you;
- Fulfilling your event registration requests and provide Services, including seminars and other events; and
- Sending you information about our Services and other information or news about our firm.
so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.
5) To accomplish our business purposes
- Data analysis, which includes improving the efficiency of our Services;
- Audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, and contractual requirements;
- Fraud and security monitoring, which includes activities to detect and prevent cyberattacks or attempts to commit identity theft;
- Enhancing, improving, or modifying our current products and services;
- Identifying usage trends, which includes understanding which parts of our Services are of most interest to users;
- Determining the effectiveness of our marketing and promotions, so that we can adapt to the needs and interests of our users;
- Operating and expanding our business activities, which includes understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting users’ interests.
The particular "legitimate interests" upon which we and our service providers rely in processing your Personal Information include the following:
DISCLOSURE OF PERSONAL INFORMATION
- For purposes of carrying out business intake procedures: This includes using and/or obtaining information for the purposes of carrying out anti-money laundering, conflict, and other business intake searches.
- For providing legal advice to our clients: This includes using contact data, data concerning your employment or business activities, and any other data relevant to the transaction, litigation, or other matter upon which we are advising. Where necessary in connection with the specific client matter (such as in criminal, employment, or pension matters) that data may include special categories of personal information (such as that relating to health) or information relating to criminal convictions and offenses.
- For the purposes of marketing our services: This includes using your information for the purposes of promoting our business to you, if you request information about our services or indicate that you have an interest in receiving communications on legal topics, if you respond to invitations to events, or if you comment on our blogs or social networks. You have the right to ask us not to process your Personal Information for marketing purposes. You can exercise your right to prevent such processing at any time by contacting us as set forth below in the "Contacting Us" section or by following the link in the marketing emails we send to opt out or manage your email preferences.
- For the functioning of our business and its operations: This includes using your Personal Information in the course of operating our business, dealing with our insurance arrangements, facilitating a business sale, acquisition or restructuring, or for seeking external legal advice.
We disclose Personal Information as necessary or appropriate, especially in connection with our contractual relationship with you, or when we have a legal obligation or legitimate interest to do so. This may include disclosure outside your country of residence. This includes the following:
- To our third party service providers, to facilitate services they provide to us. This can include providers of services such as website hosting, Services-related consulting and monitoring, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services related to meeting our clients' legal needs or conduct our business operations. Our disclosure to these service providers is limited to processing Personal Information based upon our instructions. Note that by using certain Services to which you are able to post information and content (e.g., Social Media), or through which you are able to send messages, any information you post or disclose through these Services will become public and may be available to other users and the general public.
- To comply with applicable law and regulations.
- To cooperate with law enforcement, or public and government authorities. This includes responding to law enforcement requests and orders, or to provide information we believe is important.
- For other legal reasons. This includes enforcing our terms and conditions, and protecting our rights, privacy, safety, and property, and that of you or others.
- In connection with a sale or business transaction. We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisors.
" is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. This includes:
- Browser and device information;
- App usage data;
- Information collected through cookies, pixel tags, and other technologies;
- Demographic information and other information provided by you that does not reveal your specific identity; and
- Information that has been aggregated in a manner such that it does not reveal your specific identity.
If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed above in this Policy.
We and our service providers may collect Other Information in a variety of ways, including:
- Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.
- Using pixel tags and other similar technologies. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
- IP Address. Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications, and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Services. We may also derive your approximate location from your IP address.
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do we will treat the combined information as Personal Information as long as it is combined.
We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the "Contacting Us" section below.
OPTION TO DISCONTINUE MARKETING-RELATED EMAILS
If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by following the unsubscribe instructions in any such message or by contacting us by email at firstname.lastname@example.org
. We will undertake efforts to comply with your request as soon as reasonably practicable. Please note that if you choose to discontinue receiving marketing-related emails from us, we may still send you important administrative messages, which you cannot elect to discontinue.
DATA PRIVACY INQUIRIES AND ACCESS TO PERSONAL INFORMATION
If you believe the Personal Information we have for you is inaccurate, incomplete, or no longer current, please contact us at email@example.com
so that we can update, remove, or correct the information as appropriate.
If you are in one of the following countries and accessing our Services, you can access, change, or delete your Personal Information: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
If you would like to request to review, correct, update, suppress, object, restrict, or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent any of these rights are provided to you by applicable law), you may contact us by email at firstname.lastname@example.org
. We will respond to your request consistent with applicable law.
In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity and obtain other relevant information before implementing your request. We will undertake our best efforts to comply with your request as soon as reasonably practicable and as required by law.
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:
THIRD PARTY SERVICES
- The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
- The length of time we have an ongoing relationship with you as our client and provide you with Client Services;
- Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions or communications for a certain period of time before we can delete them); or
- Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).
This includes any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us.
In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Twitter, Apple, Google, Microsoft, RIM, LinkedIn, or any other application developer, application provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media.
SPECIAL NOTIFICATION ABOUT WEBINARS
Webinars offered as a service to users of the Services ("Webinars") may be hosted by unaffiliated third party vendors, and not by us.
USE OF SERVICES BY MINORS
The Websites, Apps, Social Media, Emails, and Webinars are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18 for those services. At times, our Client Services include representation of individuals under the age of eighteen (18). We do not market our Client Services or the Services to individuals under 18.
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Information.
Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here
). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as the use of standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by clicking here
Except when required in connection with the Client Services the firm provides to you, we request that you not send us, and you not disclose, any sensitive Personal Information (e.g.
, social security numbers, information related to racial or ethnic origin, political opinions, religious, philosophical, or other beliefs, information related to sex life or sexual orientation, health data, biometric or genetic characteristics, criminal convictions and offenses, or trade union membership) on or through the Services or otherwise to us.
If you have a complaint about our handling of your personal data, we would appreciate the opportunity to address your concerns directly and before you approach a regulator.
You can reach us at email@example.com
John T. Wolak, Privacy and Security Officer
One Gateway Center
Newark, NJ 07102
Because email communications are not always secure, please do not include any sensitive information in your emails to us.
ADDITIONAL INFORMATION REGARDING THE EEA
You may lodge a complaint with a data protection authority for your country or region, or where an alleged infringement of applicable data protection law occurs. See ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm
Attorneys have been and continue to be bound by professional standards of confidentiality that are stringent. Therefore, we have always protected your right to privacy.
In the course of providing our clients with certain legal services, we receive significant non-public personal information from our clients. If you are a client of Gibbons P.C. (Gibbons), you should know that all information that we receive from you is held in confidence, and is not released to people outside the firm, except as agreed to by you, or as required under an applicable law or ethical code. Even though the provisions of the Financial Modernization Act would allow Gibbons to share our client's non-public personal information with a Gibbons subsidiary or other ancillary business entity, the rules of professional conduct prohibit this type of information sharing.
We retain records relating to professional services that we provide so that we are better able to assist our clients with their professional needs and, in some cases, to comply with professional guidelines. In order to guard our client's nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards.