Thank you for visiting one of the websites of Proskauer Rose.  Our website provides general information about the legal services that we offer and/or other general information and resources. Proskauer Rose consists of: Proskauer Rose LLP (USA) a New York registered limited liability partnership with registered affiliated offices in the USA, France, Hong Kong and China, Proskauer Rose (UK) LLP (UK), an English registered limited liability partnership, and Proskauer Rose Brazil – Consultores em Direito Estrangeiro/Direito Norte-Americano e Direito Ingles, a Brazilian partnership. For more details about these entities, please navigate to the specific office pages of this website.

This Privacy Policy and our Terms of Use set forth the conditions under which you may access and use the website.  By accessing and using the website, you agree to be bound by our Privacy Policy and Terms of Use then in effect and by all applicable laws.   If you do not agree with any of the Terms of Use or our Privacy Policy, you should not access or use the website for any purpose.  We reserve the right to terminate or limit your access to the website for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion. 

 

What Information Do We Collect?

We collect and process a range of personally identifiable information including:

Data you give to us:

This is personally identifiable information that you give to us by filling in forms on our website or by corresponding with us by phone, e-mail, in person or at events or otherwise. It includes information you provide as part of any anti-money laundering checks. The information you give to us may include for example: name, title, address, business telephone number, business email address, fax number, country of origin/nationality, passport number, country of residence, financial and credit card information, personal description, personal preferences, photograph, business-related information, preferences provided by Internet activity, survey responses, marketing efforts, and the name of the company you work for. Information may also be provided as part of correspondence.

Data we collect about you:

With regard to each of your visits to our site we will automatically collect personally identifiable information about your visits through the use of various technologies, which includes information about your internet service provider, your device’s unique identifier, such as an IP address, browser type, operating system, pages accessed on our sites and online sources, and the date and time of access in order to optimize your user experience and enhance your time spent with us online. We also receive information telling us which site you came to our site from. Our website, apps and online services use cookies to distinguish you from other users. This helps us to provide you with a better experience and also allows us to improve our site and services. For detailed information on the technologies we use, see the section “Tracking Technologies” below.

Data we collect about others:

We also collect personally identifiable information about other people from our clients. For example, in responding to a legal enquiry it may be necessary for a client to share personally identifiable information with us, in order for us to advise on it appropriately, this could include employment contracts, correspondence, evaluations, performance appraisals, tax information,. Our clients must ensure that they are in compliance with applicable law when they share such data with us.

We also may collect non-personally identifiable information when you access and use our website.

We are not responsible for the data collection, privacy practices or policies of any third-party websites that we may link to or that may link to our websites.  We encourage you to read the privacy policy of every website you visit. 

Tracking Technologies

We may deploy various tracking technologies, such as cookies, on the website to collect additional information about your visits. These tracking technologies may be deployed by us and/or by our service providers on our behalf. These technologies enable us to assign a unique number to you and relate your website usage information to other information about you.

Cookies are small data files that are placed on your computer's hard drive when you visit certain websites. Like many other websites, we use cookies for various reasons. We use cookies to tell us, for example, whether you've visited us before or if you're a new visitor, and to help us understand which areas of the website are of greatest interest to you.  Cookies also may enhance your online experience by saving your preferences and password so you do not have to re-enter this information each time you visit our website. By continuing to browse our website or use our services, you are agreeing to our use of cookies.

You may prevent Flash cookies using the settings in your Adobe Flash Player software.       

We use the following types of cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website, apps and online services. They include, for example, cookies that enable you to log into secure areas of our website, or make use of any of our online-based services.

• Analytical/performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around our website, apps and online services when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

• Functionality cookies. These are used to recognize you when you return to our website, apps and online services. This enables us to personalize our content for you, greet you by name and remember your preferences.

• Targeting cookies. These cookies record your visit to our website, apps and online services, the pages you have visited and the links you have followed. We use this information to make our website, apps and online services and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

 

Except for strictly necessary cookies, all cookies will expire after 12 months.

Most web browsers automatically accept cookies, but you can configure your browser to stop accepting new cookies, to notify you when you a new cookie is received, and to disable existing cookies.  If you choose to disable cookies in your browser, however, you may not be able to take full advantage of all our websites' features.

How Do We Use and Share Your Information?

We gather and use your personally identifiable information: (i) for the performance of an agreement to which you, or a business partner, is a party or in order to take steps at your request prior to entering into an agreement, and/or (ii) for direct marketing purposes which are necessary for the purposes of our legitimate interests or where you have provided consent if consent is required under applicable law, and/or (iii) when otherwise necessary for the purposes of our legitimate interests and in compliance with your fundamental rights and freedoms and/or (iv) because of a legal obligation. Where we process special categories of data of third parties this will generally be in context of establishing, exercising or defending legal claims on behalf of our clients.

We may use personally identifiable information held about you in the following ways:

Business Uses: to evaluate whether to represent you; to open files; for relationship management; for verifications checks such as sanction screening and anti-money laundering checks; to provide you with the legal services requested or to carry out our obligations arising from any agreements you enter into with us; in relation to prospective staff and lawyers; to operate extranet sites (e.g. login details); to establish and manage accounts; and to analyze and develop new services and our website; to contact you on behalf of clients at our clients’ request/s;

Providing Support: to respond to requests, questions, and comments; to notify you about changes; and to measure how effectively we address your concerns;

Website Experience: for the technical administration of our website or extranet sites; for internal operations; for client administration; for troubleshooting; for data analysis, monitoring, data analytics, testing, and research and development purposes; to ensure that content from our website is presented in an effective manner for you and for your computer; and as part of our efforts to protect the security and integrity of information collected via this website;

• Protecting Rights and Property: to protect our rights or property or that of our clients or others when we have reasonable grounds to believe that such rights or property have been or could be affected; to recover debts; to prevent, detect, identify, investigate, respond, and protect against potential or actual claims, liabilities and prohibited behavior or activities;
• Information for our Business Partners: to administer and develop our business relationship with you or the business partner you represent, including sharing information with our group, to enter into or perform a transaction with you, to contact you as part of satisfaction surveys or for market research purposes; and
• Marketing: to communicate about, and administer participation in special events, programs, surveys, and other offers and promotions; and to send to you legal updates and other informational or promotional email messages, which you may opt out of receiving as described below, where sending such information is in our legitimate interests or where we have sought and you have provided consent.

We are a global organization with affiliates, subsidiaries, business processes, management structures and technical systems that cross borders. As such, we share the personally identifiable information we collect with other companies within the Proskauer Rose group as set out above and transfer it to countries in the world where we do business in connection with the uses identified above and in accordance with this Privacy Policy.

Subject to such parties’ compliance with applicable legislation and/or this Privacy Policy, we also disclose your personally identifiable information to selected non-affiliated third parties, including business partners; service providers, vendors, contractors and agents; debt collection agencies;  professional service providers (including translators, legal advisers and accountants); other companies that provide services on our behalf; adverse parties who have a legal right to receive such information and their counsel and experts; and law enforcement authorities, regulators (including HM Revenue & Custom, the Solicitors Regulatory Authority, the French Tax Administration, TRACFIN, and the Barreau de Paris) and other government authorities.

We disclose such data for the following purposes: to service the agreement between us and third parties; to enforce the Terms of Use; to meet our obligations to content and technology providers; to manage client accounts effectively, provide legal services and market services offered by us and our affiliated companies; to manage our business; and to improve and optimize our website and services and to comply with our statutory/regulatory obligations, as set out below.  

Furthermore, any communication, material or content you submit, post or access on an interactive discussion board, blog, other public area, or other interactive function on the website is a public or other non-private communication, may be viewed by the general public and/or by the other website users to whom you share or provide it. 

In addition to the foregoing, we may release your personally identifiable information to law enforcement, governmental authorities, or third parties if (i) required to do so by law, search warrant, subpoena, court order, or other legal process, (ii) requested by law enforcement or other governmental authorities, in our discretion, or (iii) we otherwise have a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of our firm or third parties.

Social Networking

We maintain presence on several social networking and blogging platforms, such as Facebook, Twitter and LinkedIn, and we incorporate some third party social networking features onto our website. Through these platforms and features, we receive some personally identifiable information about you, and this Privacy Policy applies to that information as well. In addition, third party social networking platforms and blogging platforms have their own privacy policies which explain how the third parties that provide them will use and protect your information, and we encourage you to read them.

Do Not Track Disclosures

Some web browsers may transmit “do-not-track” (DNT) signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. We currently do not change our tracking practices in response to DNT settings in your web browser. Our third party partners, such as web analytics companies, collect information about your online activities over time and across our website and other online properties. We utilize Google Analytics for our web analytics and you can opt out of your website usage data being included in our Google Analytics reports by visiting https://tools.google.com/dlpage/gaoptout.

How Do We Protect Personally Identifiable Information You Provide to Us?

We make reasonable efforts to protect personally identifiable information that you submit over the website from loss, misuse, unauthorized access, disclosure, alteration, and destruction.  However, due to the inherent nature of the Internet as an open global communications vehicle, the firm does not warrant or represent that its level of security meets or exceeds any particular standard, and no server or internet transmission is ever 100% secure or error-free.  You should take this into account when submitting personal or confidential data on any websites, including ours.  Similarly, any information that you send us through the websites is not confidential or privileged.

How Long Will my Personally Identifiable Information be Kept for?

We will endeavor not to keep your personally identifiable information in a form that allows you to be identified for any longer than is reasonably necessary for achieving the permitted purposes. This means that data will be destroyed or erased from our systems or anonymized when it has reached the applicable retention period.  Our Data Retention and Disposal Policy is available upon request.

Will my Personally Identifiable Information be Transferred to Other Countries?

Personally identifiable information may be transferred outside of the European Economic Area (“EEA”) to members of our group and other third parties as set out above, provided that certain conditions as set out in the applicable legislation are complied with. Your personally identifiable information will also be processed by personnel operating outside the EEA who work for us. This includes personnel engaged in, among other things, the fulfilment of your order and the provision of support services.

We are party to a data transfer agreement with the members of our group and we will (i) keep that document up to date with current law, and (ii) only engage in personally identifiable information transfers from the EEA to outside the EEA in accordance with such an agreement or an alternative means of transfer in compliance with data protection legislation. 

What Personally Identifiable Information is Collected from Children?

These websites are not directed at children under the age of 16 (or the age of maturity as otherwise stated in location law).  We do not knowingly collect personally identifiable information from children under that age.  If you are under that age, please do not provide personally identifiable information of any kind whatsoever.

What Happens to Your Personally Identifiable Information in a Corporate Change of Control?

In the event of a corporate change in control resulting from, for example, a sale to, or merger with, another entity, we may transfer your personally identifiable information to the new party in control.

What Rights do I have in Relation to my Personally Identifiable Information?

Depending on the circumstances and applicable law, you may have the right to:

• request access to any personally identifiable information we hold about you;
• object to the processing of your data for direct marketing purposes;
• ask to have inaccurate data held about you amended or updated;
• ask to have your data erased or to restrict processing in certain limited situations;
• request the porting of your personally identifiable information to another organization in control of your personally identifiable information; and/or
• object to any decision that significantly affects you being taken solely by a computer or other automated process.

If you wish to make a formal request for information we hold about you, please email dataprivacy@proskauer.com. 

How do I Update or Access my Personally Identifiable Information?

We ask that you keep your data as up-to-date as possible. Please let us know if any personally identifiable information that we hold needs to be updated please email dataprivacy@proskauer.com. 

How do I Opt Out of Being Contacted for Promotional Purposes?

You have the right to ask us not to send you marketing communications. Before collecting your personally identifiable information, we will usually inform you  if we intend to use your personally identifiable information for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing at any time by:

• Clicking the unsubscribe link in any promotional email that we send you.
• Clicking here if you want to modify your subscription, email and contact preferences. Additionally, if you have questions about removing your name from our marketing lists email us at dataprivacy@proskauer.com.

What about Changes to This Privacy Policy?

We reserve the right to change or update this Privacy Policy at any time, and will notify users of our website by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this website. Under certain circumstances, we may also elect to notify you of, and/or obtain your consent to, changes or updates to our Privacy Policy by additional means, such as by posting a notice on the front page of our website or by sending you an email. 

How Can You Ask Questions or Raise Concerns?

If you have other questions or concerns about our privacy policy or data use, please call +1.833.778.1243 or email us at dataprivacy@proskauer.com. 

You may also have the right to lodge a complaint with the applicable regulator in your jurisdiction. In the UK, this is the ICO. In France, this is CNIL.

Effective Date:   October 6, 2020