Privacy Policy

This Privacy Policy was updated on January 10, 2020

1. Purpose

“Clark Hill” refers to Clark Hill PLC and its subsidiaries or affiliates practicing under the “Clark Hill” name in other jurisdictions, including Clark Hill Strasburger PLC, Clark Hill LLP, and Clark Hill Professional Services Ltd, including its subsidiary Clark Hill Solicitors, each of which is a separate legal entity. Clark Hill is sometimes referred to as “we,” “us,” or “our,” depending on the context.

Clark Hill has developed this Privacy Policy to explain how we collect, retain, process, share and transfer your personal information offline or when you visit www.clarkhill.com (“Site”) and to help you in making informed decisions when using our Site. Supplementary information can be found in our Cookie Policy and Legal Disclaimer. By using this Site, you consent to this Privacy Policy.

2. Information We Collect About You

When you visit our Site, you may provide us with two types of information: Basic information identifiable to you as an individual (“Personal Information”) that you knowingly choose to disclose that is collected on an individual basis and Site Use Information collected automatically (for example via cookies) basis as you and others browse our Site. That automatically collected will be considered personal information to the extent it is identifiable to you.

Personal Information:  If you choose to provide us with Personal Information, such as your name, organizational affiliation, and contact information, then we may use it to identify you in order to enable you use of particular services that we offer. For example, when you send us a request from our “contact us” page or submit your resume or other information to apply for a job with Clark Hill, we may ask you to provide information about yourself, including your name, mailing address, telephone number, email address, and other Personal Information. If you choose not to provide such information, you may not be able to receive the information you requested. If you are a client or employee of Clark Hill, you may provide us with additional information when using certain pages and resources on the Site, including login information (user name and password), IP address, or billing information (credit card number or other payment information and billing address).

Site Use Information: Like many organizations, we place a “cookie” (a small data file) on your computer when you connect to our Site. This allows us to recognize your computer’s IP address on return visits, helps us understand traffic patterns on our Site and improve our Site.  For more information about cookies and guidance about how to refuse cookies, see Section 11 “Cookies” and our Cookie Policy. We may also collect information about your use of the Site, such as your IP address, browser type, internet service provider, pages visited, dates and times of visits, operating system, and other similar information.

3. How we use your information

Generally, we use the information we collect on our Site in one or more of the following ways:

• to administer our Site,
• for marketing,
• for recruiting and/or
• in relation to client service purposes.

We may also use or disclose your personal information in accordance with your consent, when required by law to do so, or if it is necessary for a corporate transaction (such as a merger or acquisition). Other than as described in this Privacy Policy, we do not sell, distribute, lease or transfer the information we collect. For more details, including how and when we destroy personal information and about your individual rights, see Section 9, “How you control your information and individual rights.”

4. How we share your information

We may share the information we collect for the following reasons:

With other members of the Clark Hill corporate family: We may share the information we collect with members of the Clark Hill family of entities to, among other things, provide the services you have requested or authorized and to help us manage the availability and connectivity of the Site.

With employees, contractors and agents that provide services to us: We may share information we collect with our employees, contractors and agents, including third-party service providers, that perform services and functions at our direction and on our behalf, but their use of such information shall be limited to the performance of their duties and is consistent with our purposes for using such information. Third-party service providers to whom we may transfer information include, but are not limited to: marketing, legal, software, cloud, hosting and other technology service providers.

With other third parties for our business purposes or as permitted or required by law: We may share information about you with other parties for our business purposes or as permitted or required by law, including:

• to comply with a law, legal process or regulations;
• responding to or cooperating with law enforcement authorities, other government officials or other third parties pursuant to a subpoena, a court order or other legal process;
• to protect the vital interests of a person;
• to protect our property, services and legal rights;
• to our affiliates, or to companies we merge with, acquire, or are acquired by; and
• to support our audit, compliance and governance functions.

5. Security

We maintain reasonable physical, technical and administrative safeguards for our Site designed to protect against loss, misuse, unauthorized access, disclosure, alteration or destruction of the information we collect through our Site.  However, we cannot ensure or warrant the security of any information you transmit to us or from our Site.  For processing of payment information, we ensure our payment processing vendors are PCI compliant.

6. Sale of Personal Information

Clark Hill does not sell your Personal Information, as it is defined in the California Consumer Privacy Act (“CCPA”). More for information, please see the “Your California Privacy Rights” section.

7. Children’s Information

Our Site is not directed to children under the age of majority. We do not knowingly collect information from children or other individuals who are not legally able to use our services.  If we obtain actual knowledge that we have collected information from a child under the age of majority, we will promptly destroy that information, unless we are legally obligated to retain the information. If you believe we have mistakenly or unintentionally collected information from a child under the age of majority, please contact us at compliance@clarkhill.com.

8. Retention of Personal Information

We keep your information only for as long as is necessary to complete the purpose for which the information was collected, or to satisfy any legal, accounting, or reporting obligations, or if consent has been provided to retain such information. The length of time we retain your Personal Information is determined by operational and legal considerations.

We may anonymize your personal information (so that it can be no longer associated with you), in which case we may use this information indefinitely without further notice to you.

9. How you control your information and individual rights

Any Personal Information collected by or through our Site or Offline will be used only for the purpose it was provided and as described in this Privacy Policy. Once Personal Information is no longer necessary, we will destroy the Personal Information in accordance with its record retention and destruction policy.

10. How you opt-in and opt-out of marketing materials

Clark Hill may send marketing and informational materials to individuals who interact with Clark Hill, its attorneys, staff, or employees, or to those that have affirmatively indicated they want to receive marketing and informational materials by providing their contact information and/or selecting the appropriate boxes to confirm an election to receive the marketing or informational materials.

For EU residents, Clark Hill will send marketing and informational materials only to those individuals who have affirmatively indicated they want to receive marketing and informational materials by providing their contact information and/or selecting the appropriate boxes to confirm an election to receive the marketing or informational materials.

Individuals can opt-out of future marketing and informational materials at any time by (a) contacting us at marketing@clarkhill.com and indicating your changed preference or (b) clicking on the unsubscribe or opt-out feature at the bottom of electronic marketing and informational materials.

11. Cookies

Cookies: When you visit our Site, we may send a cookie to your computer. A cookie is a small data file stored by your computer to help improve functionality or tailor information to provide visitors with more relevant information. We also analyze Site traffic to identify what visitors visit so we can tailor our Site accordingly. For details about the cookies we use, please see our Cookie Policy, which is part of this Privacy Policy.

Do not track signals and requests: Do not track signals and requests are sent from your browser to websites you visit indicating you do not want to be tracked or monitored. Websites are not required to accept these requests and many do not. At this time, our Site does not honor do not track signals or requests.

To learn more and for a detailed cookie policy, please visit the Cookie Policy.

12. European Economic Area

The following section, in conjunction with the information above, describes Clark Hill’s data practices in accordance with the EU General Data Protection Regulation (“GDPR”).

Legal Basis of Processing

We will only process the Personal Information subject to the GDPR as it is described in this Privacy Policy if we have a lawful basis for doing so.

• Individuals have given their consent for one or more specific purposes. Note: Under some jurisdictions, Personal Information may be processed until the individual objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection laws;
• Provision of Personal Information is necessary for the performance of an agreement and/or for any pre-contractual obligations thereof;
• Processing is necessary for compliance with a legal obligation;
• Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in Clark Hill; and
• Processing is necessary for the purposes of the legitimate interests pursued by Clark Hill or by a third party.

International transfer of Personal Information

We store information received through or by our Site in the United States. If you are providing the information from another country, you agree to and understand that the information will be transferred, stored and used in the United States.

Access to Information and Your Rights

For EU residents subject to the GDPR, you have certain rights relating to your Personal Information, subject to local data protection laws. These rights may include:

• To access your Personal Information held by us (right to access);
• To rectify inaccurate Personal Information and, taking into account the purpose of processing the Personal Information, ensure it is complete (right to rectification);
• To erase/delete your Personal Information, to the extent permitted by applicable data protection laws (right to erasure; right to be forgotten);
• To restrict our processing of your Personal Information to the extent permitted by law (right to restriction of processing);
• To transfer your Personal Information to another controller or processor, to the extent possible (right to data portability);
• To object to any processing of your Personal Information carried out on the basis of our legitimate interests (right to object). Where we process your Personal Information for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
• To the extent we base the collection, processing, and sharing of your Personal Information on your consent, to withdraw your consent at any time, without affecting the lawfulness of the processing based on such consent before its withdrawal.

To exercise these rights, please submit your specific request by using the information in the Clark Hill “Contacting Us” section below.

Timeframe for Responding to Requests

Clark Hill will respond to your request within thirty (30) days of receipt.

The period of response may be extended to forty-five (45) or sixty (60) days if more time is required. In that event, we will inform you of the reason and extension period in writing.

Fee

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.

13. Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, visit the California Privacy Notice.

14. Links to Other Sites

We provide links to other websites for informational purposes, for your convenience, or to offer additional services through separate websites and, depending on your device and settings, applications (commonly referred to as “apps”) linked to our Site (“Linked Websites”). Linked Websites are independent from our Site and are not governed by this Privacy Policy. We do not review, have control over their content or endorse Linked Websites or the information, software, products or services available on the Linked Websites. We also have no control over the privacy practices used by Linked Websites. If you decide to access any of the Linked Websites, you do so at your own risk.

15. Updates to this Privacy Policy

We may update or change this Privacy Policy. The effective date at the top of this page states when this Privacy Policy was last revised. Any change to this Privacy Policy will become effective when we post the revised Privacy Policy on our Site. Your use of our Site means you accept our Privacy Policy.

If any change may materially and negatively affect the privacy of your Personal Information, we will use reasonable efforts to notify you in advance and give you a reasonable time to object to any changes.

We encourage you to periodically review this Privacy Policy to stay informed about how we collect, use, and share Personal Information.

16. Contacting Us

If you have any questions about the Privacy Policy or our privacy practices, please contact us at:

Use the contact information below if you (a) would like to exercise any individual rights you may have about your Personal Information under the GDPR, (b) have questions, concerns or complaints about this Privacy Policy or our privacy practices or (c) would like additional information about Clark Hill privacy practices.

You may email us at compliance@clarkhill.com, or contact us at:

Chief Information Officer
2600 Dallas Parkway
Suite 600
Frisco, TX 75034