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Data Privacy

Introduction

Fried Frank respects your privacy and is committed to protecting your personal data. This privacy policy sets out how we look after your personal data, your privacy rights and how the law protects you. Additional policies apply to firm clients and employees.

This privacy policy is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used.

This policy is divided into and covers the following sections:

  1. Important information and who we are
  2. The data we collect about you
  3. How is your personal data collected
  4. How we use your personal data
  5. Disclosures of your personal data
  6. International transfers
  7. Data security
  8. Data retention
  9. Your right to object
  10. Exercising your rights
  11. Complaints
  12. Changes to our privacy policy
  13. Glossary

1. Important information and who we are

Purpose of this privacy policy

This privacy policy provides information on how Fried Frank collects and processes your personal data, including any data you may provide through our website when you submit your contact details or other information about yourself or your organisation, or if you send us emails which will identify you.

Our website is not intended for children, and we do not knowingly collect data relating to children through the use of our website.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements any other policies and is not intended to override them.

Controller

Fried Frank is made up of different legal entities, details of which can be found here. This privacy policy is issued on behalf of the Firm, so when we mention Fried Frank, “we,” “us” or “our” in this privacy policy, we are referring to the relevant entity in the Fried Frank group responsible for processing your data. We will let you know which entity will be the controller of your data when you engage us to act on your behalf. Fried, Frank, Harris, Shriver & Jacobson LLP is the controller of and is responsible for our website.

We are not required to appoint a formal data protection officer under data protection laws. However, we have appointed data privacy managers responsible for overseeing questions in relation to this privacy policy.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy managers using the details set out below.

Contact details - USA

Our full details are:
Full name of legal entity: Fried, Frank, Harris, Shriver & Jacobson LLP
Name and title of data privacy manager: Steve Lewis, Chief Information Officer
Email address: data.privacy@friedfrank.com
Postal address: One New York Plaza, New York, New York 10004
Telephone number: +1 212 859 8000

Contact details - UK

Our full details are:
Full name of legal entity: Fried, Frank, Harris, Shriver & Jacobson (London) LLP
Name and title of data privacy manager: James Kitching, Partner
Email address: data.privacy@friedfrank.com
Postal address: 100 Bishopsgate, London EC2N 4AG
Telephone number: +44 20 7972 9600

Contact details - Germany

Our full details are:
Full name of legal entity: Fried, Frank, Harris, Shriver & Jacobson LLP
Name and title of data privacy manager: Jürgen van Kann, Partner
Email address: data.privacy@friedfrank.com
Postal address: Taunusanlage 18, 60325 Frankfurt am Main
Telephone number: +49 69 870 030 00

Contact details - Belgium

Our full details are:
Full name of legal entity: Fried, Frank, Harris, Shriver & Jacobson (London) LLP
Name and title of data privacy manager: Tobias Caspary, Partner
Email address: data.privacy@friedfrank.com
Postal address: Kunstlaan — Avenue des Arts 6-9, 1210 Brussels

Third-party links

Our website may include links to third-party websites. Clicking on those links may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy practices. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the has identifiers have been removed such that it is no longer possible to relate that information to an individual (anonymous data).

We collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth and gender.
  • Contact Data includes address, email address and telephone numbers.
  • Technical Data may include internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
  • Profile Data may include your username, password and any feedback you give us.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing information from us and our third parties and your communication preferences.

We also collect and use Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data); nor do we collect any information about criminal convictions or offenses.

3. How is your personal data collected

We use different methods to collect data from and about you, including through:

  • Direct interactions. You may give us your Identity and contact data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    • create an account on our alumni website;
    • subscribe to our service or publications;
    • request that marketing materials be sent to you; or
    • give us some feedback via email.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies.

  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources, including Technical Data from analytics providers.

4. How we use your personal data

We will only use your personal data if we have a lawful basis for doing so. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you;
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or
  • Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to receiving marketing materials at any time by contacting us or clicking on the unsubscribe option in any communication you receive. We also require your consent to use certain cookies. Please see our Cookie Policy for further information in this regard.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are.

Note that we may process your personal data for more than one lawful ground if the data is used for several purposes. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing, including basis of legitimate interest
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated about changes to our terms and policies and to study how clients use our products/services)
To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and e-marketing materials to you and measure or understand the effectiveness of the information we provide to you (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Depending on whether we have an existing business relationship and where you are based, either:
(a) Consent; or
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, services, marketing, relationships and experiences (a) Technical
(b) Usage

Consent
To make suggestions and recommendations to you about services that may be of interest to you (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
Necessary for our legitimate interests (to develop our services and grow our business)

Where we rely on legitimate interests as a lawful basis, we will carry out a balancing test to ensure that your interests, rights and freedoms do not override our legitimate interests. If you want further information on the balancing test we have carried out, you can request this from us by contacting us.

If you do not wish to provide us with your personal data and processing such data is necessary for the performance of a contract with you, we may not be able to perform our obligations under the contract between us.

Third-party marketing

We do not share personal data with any company outside the Fried Frank group for marketing purposes.

Opting out

You may ask us to stop sending you marketing messages at any time by managing your subscriptions, by checking or unchecking relevant boxes to adjust your marketing preferences or by contacting us at any time.

Cookies

We use cookies on our website for various purposes. For more information about the cookies we use, please see our Cookie Policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

5. Disclosures of your personal data

We share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

Internal third parties

Other entities in the Fried Frank group acting as joint controllers or processors and who are based in the US, the UK, Germany or Belgium and provide IT and system administration services and internal reporting with respect to website use.

External third parties

  • Service providers acting as processors based in the US, the UK and countries within the European Enonomic Area ("EEA") and EU who provide IT security and system administration services.
  • Professional advisers acting as processors or independent controllers, including lawyers, bankers, auditors and insurers based in the US, the UK and countries within the EEA and EU who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue & Customs in the United Kingdom, the Finanzamt in Germany, FOD Financiën in Belgium, regulators and other authorities acting as processors or independent controllers based in the United Kingdom, Germany, or Belgium who require reporting of processing activities in certain circumstances.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation.
  • In the event that we sell or buy any business or assets, we may disclose your personal information to the prospective seller or buyer of such business or assets.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

As set our above, we share your personal data within the Fried Frank group.

For those based in the UK, the EU or EEA: this will involve transferring your data outside the UK and the EEA respectively to the US offices within the Fried Frank group in New York and Washington, DC.

Many of our external third party service providers are also based outside the UK and the European Economic Area (EEA), so their processing of your personal data will involve a transfer of data outside the UK and the EEA, normally to the US.

Whenever we transfer your personal data outside the UK or the EEA to the countries identified above, and specifically to the US, we ensure that a similar degree of protection is afforded to such data by using standard data protection clauses approved by the European Commission (as permitted under Article 46(2)(c)) that are designed to help safeguard your privacy rights. For further details, see European Commission: Model Contracts for the Transfer of Personal Data to Third Countries.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or EEA.

7. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have established procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data retention

For how long will you use my personal data?

We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements.

Your legal rights

Subject to certain limitations, you have rights under data protection laws in relation to your personal data. These rights include the rights to:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Note that we may refuse to comply with a request for access if the request is manifestly unfounded, excessive or repetitive in nature.
  • Request correction of your personal data. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Note that we may refuse to comply with a request for correction if the request is manifestly unfounded, excessive or repetitive in nature. 
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note that we may refuse a request for erasure, for example, where the processing is necessary to comply with a legal obligation or necessary for the establishment, exercise or defense of legal claims. 
  • Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful, but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. Note that we may refuse to comply with a request for restriction if the request is manifestly unfounded, excessive or repetitive in nature. 
  • Request transfer of your personal data. We will provide to you, or a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies where your personal data is processed by us with your consent or for the performance of a contract, and when processing is carried out by automated means. 
  • Right to withdraw consent. You can withdraw your consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. 
  • Right to object. You have a right to object to any processing based on our legitimate interests in certain circumstances. You can also object to our direct marketing activities for any reason by clicking the “unsubscribe” link set out in any marketing communication you receive.
  • Please note that the above rights are not absolute and we may be entitled to refuse requests, wholly or partly, where exceptions under the applicable law apply. For example, we may refuse to comply with a request if it is manifestly unfounded or excessive.

9. Your right to object

Direct marketing

You have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.

Processing of your information based on our legitimate interests

You also have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal information which is based on our legitimate interests. Where you object on this ground, we shall no longer process your personal information unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

10. Exercising your rights

If you wish to exercise any of the rights set out above, including withdrawing consent, please contact us and give us specific details regarding which right you choose to exercise.

No fee required

You will usually not have to pay a fee to access your personal data (or to exercise any of the other rights mentioned above), however in circumstances where access requests are clearly unfounded, repetitive or excessive, we may charge a reasonable administrative fee or refuse to comply.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request in order to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

11. Complaints

If you have concerns relating to your data privacy or the processing of your personal data, please contact us in the first instance in order that we may assist you in allaying any such concerns. In the UK and in any EU member state, you also have the right to complain to your local data protection authority in the jurisdiction of the office in which services are being provided. We will co-operate fully with any such authority.

If you are based in Germany, the regional authority for the Frankfurt office is der Hessische Beauftragte für Datenschutz und Informationsfreiheit: www.datenschutz.hessen.de.

If you are based in Belgium, the national authority is the Belgian Data Protection Authority: www.dataprotectionauthority.be/citizen.

12. Changes to our privacy policy

Fried Frank reserves the right to change this Privacy Policy from time to time. Any changes will be posted on this page with an updated revision date.

13. Glossary

Controller

A data controller is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

Processor

A data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

EEA

European Economic Area; the EU countries and also Iceland, Liechtenstein and Norway. The EU countries are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.

Legitimate interest

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation to which we are subject.