Last Updated: March 12, 2020
Please note the arbitration provision set forth below, which may require you to arbitrate any claims you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
Information We Collect
We may collect two types of information about you when you visit our Sites, contact us with questions or seek an employment opportunity at Arent Fox: (1) personally identifiable information (such as your name, address, telephone number, email address, education and employment information), and (2) non-personally identifiable information, such as aggregate information.
Personally Identifiable Information
The only personally identifiable information that Arent Fox collects and stores about you is the information that you have chosen to provide to Arent Fox. For example, you may submit information by clicking on various links offered on our Sites, such as on the “Contact” page, by contacting an individual Arent Fox attorney via an email address provided in a hyperlink, or by subscribing to a newsletter or legal alerts.
In such instances, Arent Fox may collect the following categories of personally identifiable information.
- Identifying contact information, such as your name, address, email address, telephone number, and other contact information. Identifiers are sourced directly from you. They are used to provide and improve the features and services you request; to communicate with you and provide you with information; to provide you with personalized content and information; process your request; and to send you other information related to your request. They are disclosed for administrative purposes to service providers.
- Internet or other similar network activity and information about your visit to our Sites, including access times, websites you visit before and after you visit ours, and information about your computer hardware and software, such as your IP address, browser type, and domain names. This information is sourced indirectly from you (e.g., from observing your actions on our Sites). They are used to provide you with personalized content, information, and/or to send you information on our services. They are disclosed for administrative, business purposes.
- Online submissions for employment. We also may collect personally identifiable information from you if you apply for a job via our Sites. This information is sourced directly from you. They are used to communicate with you, provide you with information in response to your employment inquiry, and/or to process your request. They may be disclosed to service providers for administrative purposes.
Non-personally Identifiable Information
Arent Fox also collects non-personally identifiable information about your visit to our Sites. This information is aggregated and cannot be used to identify you personally.
Cookies and Similar Technologies
We use, and allow certain third parties to use, cookies and other similar technologies to provide our services and to help collect data. We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which we explain below:
- Essential. Some cookies are essential in order to enable you to move around our Sites and use their features, such as accessing secure areas of the Sites. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
- Browsing and functionality. These cookies allow us to remember choices you make on the Sites, such as your preferred language, and provide enhanced, more personalized features.
There are several ways to manage cookies. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provides information on how to accept cookies, disable cookies, or to notify you when receiving a new cookie. Please note, however, that by blocking or deleting cookies which are “strictly necessary,” you will not be able to access certain features of our Sites.
In the US, the Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit http://www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.
Use of Your Information
1. Use of Your Personally Identifiable Information
Arent Fox uses the personally identifiable information that is collected via its Sites primarily for the following purposes:
- To deliver requested information to you, such as sending you newsletters or legal alerts or information regarding educational seminars or other events that we believe may be of interest to you.
- To process your request for employment.
- To complete any other transaction or service requested by you.
If Arent Fox collects your personally identifiable information for one of the purposes described above, it may store such information on its servers or in one (or more) of its databases. If you do not want Arent Fox to use and store your information in accordance with this policy, please do not submit any personally identifiable information to Arent Fox or its attorneys.
2. Use of Non-personally Identifiable Information
Arent Fox uses your non-personally identifiable information to manage its Sites. Arent Fox may analyze the data about visits to the Sites to make them more accessible and interesting for visitors. Arent Fox may share that data with third parties to provide services for Arent Fox associated with the maintenance of the Sites.
Legal Bases for Processing
We base the above-mentioned processing activities of your personally identifiable information on the following legal bases:
- Processing for the purpose of delivering requested information to you is based on your consent.
- Processing for the purposes of handling requests for employment, completing a transaction requested by you, and notifying you about changes to our policies as necessary to establish and fulfill a contract with you and also based upon our legitimate interests.
Sharing and Disclosure of Information
1. Personally Identifiable Information
Arent Fox may share or disclose your personally identifiable information in the following instances:
- To fulfill a service to you. For example, if you choose to attend a webinar or other educational seminar advertised or promoted by Arent Fox, we may share your personally identifiable information with a third party in order to provide that service to you.
- To process a request made by you. For example, if you apply for a job via our Sites, we may share your information with third-party headhunters or other third parties in order to analyze and fulfill your request for employment.
- To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, maintaining and analyzing data and sending customer communications on Arent Fox’s behalf). By agreement, we seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any purpose other than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Sites will have access to users’ personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not submit any personally identifiable information to us.
- To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of Arent Fox or act in urgent circumstances to protect the personal safety of our end users.
- To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions and sales of all or substantially all of our assets.
- To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
2. Non-personally Identifiable Information
We use non-personally identifiable information collected on the Sites in the manner disclosed above. We may share this non-personally identifiable information with third parties.
If you receive an email communication from Arent Fox and you would prefer not to receive such an email communication, please either notify the sender of that email or follow the unsubscribe instructions in the email. Arent Fox will take reasonable efforts to honor any such request and/or delete your information from its managed databases, if applicable.
Bulletin Boards and Blogs
From time to time, we may operate bulletin boards and/or blogs that serve to provide visitors with information. You are not required to submit any personally identifiable information with a posting on a bulletin board or leave a comment on a blog. PLEASE EXERCISE CAUTION WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant Arent Fox the right to assign the personally identifiable and non-personally identifiable information collected via the Sites.
International Transfer of Information
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, Arent Fox cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to Arent Fox is done at your own risk. Arent Fox has, however, implemented firewalls to discourage unauthorized access via the Internet.
Your Individual Rights in the European Union, the European Economic Area, the United Kingdom, and Switzerland
For residents of the European Union, the European Economic Area, the United Kingdom, and Switzerland, you may be entitled to ask us for a copy of your information, to correct it, erase or restrict its processing, or ask us to transfer some of this information to other organizations. You may also have the right to object to some processing activities and, where we have asked for your consent to process your information, to withdraw this consent. These rights may be limited in some situations, for example, where we can demonstrate that we have a legal requirement to process your information. In some instances, this may mean that we are able to retain your information even if you withdraw your consent.
We hope we can satisfy any queries you may have about the way we process your data. If you have any concerns about how we process your data, or would like to opt-out of receiving marketing communications, please contact us at firstname.lastname@example.org.
For residents of the European Union, the European Economic Area, the United Kingdom, and Switzerland in the event you have unresolved concerns, you also have the right to complain to a data protection authority.
Your California Privacy Rights
California Civil Code Section 1798.83 permits visitors to the Sites who are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us at 888.414.8658 or email@example.com and put “Shine the Light” in the subject line of your request.
From January 1, 2020, California consumers have the following rights. To the extent that these rights apply to you, the following rights are provided:
- Right to know
You have the right to know and request information about the categories and specific pieces of we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold or disclosed your personally identifiable information. You may also request a copy of the personally identifiable information we have collected and, upon request, we will provide this information to you in electronic form.
- Right to delete
You have the right to request the deletion of your personally identifiable information, subject to certain exceptions and our record retention policy.
- Right to opt-out of sale
You have the right to opt-out of the sale of your personally identifiable information to third parties. However, we do not sell your data at this time.
- Right to non-discrimination
You have the right to not be discriminated against for exercising any of these rights.
If you would like to exercise one or more of the rights above, please contact us by calling 888.414.8658 or emailing us here. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered to conduct business in California with the California Secretary of State. We will deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
We may need to confirm your verifiable consumer request before completing your request, and, for example, may ask for you to confirm data points we already have about you. We will only use personally identifiable information provided in a consumer request to verify the requestor’s identity or authority to make the request.
Special Policy Regarding Information from Children
Arent Fox and its Sites are not targeted to children under the age of 13, or 16 in the European Union, and Arent Fox does not knowingly collect personally identifiable information from any child under the age of 13, or 16 in the European Union, without parental consent. If we become aware that such data has been collected, we will delete it.
How We Respond to Do Not Track Signals
Certain web browsers and other programs may be used to signal your preferences to us about how or whether we or third parties may collect information about your online activities. As there are no globally recognized “Do Not Track” settings, we do not support “Do Not Track” browser settings and do not currently participate in any frameworks that would allow us to respond to signals or other mechanisms from you.
Both you and Arent Fox agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the District of Columbia metropolitan area before one arbitrator to be mutually agreed upon by both parties.
Choice of Law and Forum
For questions about this policy and/or to contact us with any questions, please contact us at:
firstname.lastname@example.org or 888.414.8658