Proskauer

Privacy Notice for California Residents

Effective Date: January 20, 2022

This Privacy Notice for California Residents (this “Notice”) is provided by 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 (collectively, “Proskauer”, “we”, “our” and similar pronouns).  Please note the following:

  • California’s “Shine the Light Law” California Civil Code Section 1798.83 permits individual California residents to request certain information regarding our disclosure of certain categories of Personal Information to third parties for those third parties’ direct marketing purposes. To make such a request, please contact us at dataprivacy@proskauer.com. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the email address above, or to the mailing addresses specified at the end of this notice.
  • We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.
  • This Notice supplements the information contained in the Privacy Policy which is available on our online [and mobile sites and applications] (each, a “Proskauer Site” and, collectively, the “[Proskauer Sites”).
  • This Notice applies solely to California residents who visit or use the Proskauer Sites, who register for, attend or participate in our events, who apply for employment, contractor or similar opportunities with us or who otherwise provide personal information to us (such California residents, “consumers” or “you”). Please note that the CCPA provides certain exceptions with respect to the Personal Information of California employees, job applicants, owners, directors, vendors, suppliers and contractors. If you are a Proskauer California employee, job applicant, partner or independent contractor or a vendor or supplier of Proskauer, you may not have any or all of the privacy rights listed below in connection with Personal Information we have about you in the context of that relationship with you.

Accessibility for Those with Disabilities

If you require support or an alternative format to review this Privacy Policy, please contact us through any of the contact methods listed below.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope.

In particular, we have collected the following categories of personal information from consumers within the preceding twelve (12) months:

  • Identifiers, such as name, postal address, email address, account name, Social Security number, unique personal identifier, social media handles, online identifier, Internet Protocol address, or other similar identifiers.
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, address, telephone number, signature, Social Security number, employment history, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
  • Protected classification characteristics under California or federal law, such as national origin, citizenship, medical condition, or sex.
  • Commercial information, such as purchasing or consuming histories or tendencies.
  • Internet or other similar network activity, such as browsing history, search history or information on a consumer’s interaction with a website, application, or advertisement.
  • Geolocation data.
  • Professional or employment-related information, such as current or past job history.
  • Inferences drawn from other personal information to create a profile, such as a profile reflecting the consumer’s preferences, characteristics, behavior, attitudes, abilities, or aptitudes.

Categories of Sources

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from transactions you request or subscriptions, applications, surveys or other forms you complete.
  • Indirectly from you. For example, from observing your actions on the Proskauer Sites.
  • From other sources. For example, information from social media services, commercially available sources and information from our affiliates or business partners.

Use of Personal Information for Business or Commercial Purposes

We use and disclose the categories of personal information listed above for business or commercial purposes.  As further described in our Privacy Policy,these purposes include to operate, manage and maintain our business, to administer and promote events and offerings of ours or others that we think may interest you (including contextual or targeted ads), for vendor and employment management and to otherwise accomplish our business purposes and objectives. 

Disclosures of Personal Information for a Business or Commercial Purpose

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business or commercial purpose:

  • California Customer Records personal information categories.
  • Protected classification characteristics under California or federal law.
  • Commercial information.
  • Internet or other similar network activity.
  • Geolocation data.
  • Professional or employment-related information.
  • Inferences drawn from other personal information.

In the preceding 12 months, we have shared the categories of personal information listed above for business purposes with our service providers and business partners who assist in providing our services or operating our business.

Sales of Personal Information

The definition of “sale” in the CCPA includes more activities than we typically consider to be a “sale” of personal information.  In the past 12 months, we have not sold Personal Information and we will not sell Personal Information in the future, as we understand the term “sell” based on the CCPA and its implementing regulations. 

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights, which are subject to our records retention policies and applicable law. 

Where noted, these rights do not apply to (i) personal information collected about employees, job applicants, contractors or similar individuals and used only within the context of such a relationship (“employment-related personal information”) or (ii) personal information reflecting a written or verbal business-to-business communication (“B2B personal information”).

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose the following information to you with respect to the preceding 12 months:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with which we share your personal information.
  • The categories of your personal information which we disclosed for a business purpose and the categories of third parties to which we shared such personal information.
  • The categories of your personal information we have “sold” and the categories of third parties to which we sold such personal information.
  • The specific pieces of personal information we collected about you (also called a “data portability” request).

These access and data portability rights do not apply to employment-related personal information or B2B personal information, for so long as an exception under the CCPA applies to such information.

Deletion Request Rights

You have the right to request that we delete the personal information (other than employment-related personal information or B2B personal information) we collected about you, subject to certain exceptions provided by the CCPA.  Once we receive and confirm your verifiable consumer request, we will delete the requested personal information from our records, unless an exception provided by the CCPA applies.  For example, we may retain personal information as required or permitted by law, and may maintain a copy of your deletion request.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Please describe your request with sufficient detail for us to properly understand, evaluate and respond to it.

Personal Information Sales Opt-Out and Opt-In Rights

You have the right to opt out of our future “sale” of your personal information. To do so, you may submit a do-not-sell request by:

We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization from the consumer who is at least 13, but not yet 16, years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt in to personal information sales may opt out of future sales at any time.

Requests from Authorized Agents

If you would like an authorized agent to submit a CCPA request on your behalf or if you are an authorized agent of a consumer and registered with the Secretary of State to conduct business in California, please send us an email at dataprivacy@proskauer.com for instructions and details on proof required for use of an authorized agent, including a copy of the written permission signed by the consumer for the agent to act on the consumer’s behalf in this manner.

Right of Non-Discrimination

You have a right under the CCPA not to receive discriminatory treatment by us because you exercised any of your CCPA rights.

Reasonable Access for Consumers with Disabilities

Persons with disabilities may obtain this Notice in an alternative format upon request by contacting us at dataprivacy@proskauer.com or calling +1-833-778-1243.   

Changes to Our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Proskauer Sites and update the notice’s effective date. Your continued use of the Proskauer Sites following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this Notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: +1-833-778-1243

Website: www.proskauer.com

Email: dataprivacy@proskauer.com

Postal Address: 640 8th Avenue, New York, New York 10036

 

 

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