Advertising Law - March 28, 2013

Manatt, Phelps & Phillips, LLP
Contact

In This Issue:

Marc Roth and Lindsay Conner to Serve as Faculty for PLI Information Technology Law Institute 2013

The Practising Law Institute will hold its annual Information Technology Law Institute on April 11–12, 2013 in New York and on May 16–17, 2013 in San Francisco. The focus of this year’s seminar is Privacy and Cybersecurity, Mobile Advertising, Digital Distribution, Social Media and the Third Industrial Revolution, among many other issues impacting this rapidly evolving landscape.

Manatt partner Marc Roth is co-chair of this year’s conference and will kick off the day with introductory remarks. He will also participate in a session titled, “Advertising Beyond the Web: Opportunities and Challenges for Mobile Devices, Tablets and Other Technology” along with co-presenter Lesley Fair of the FTC’s Bureau of Consumer Protection. They will discuss how traditional advertising rules apply to wireless devices; outline issues presented by consumers interacting with ads; and highlight top regulatory concerns in this area.

Manatt partner Lindsay Conner will deliver a presentation on “The Innovative Influence of Digital Distribution for Books, Music, Films, Television, Videos and Other Content,” in which he will discuss how digital distribution is transforming intellectual property distribution; economic benefits from digital distribution; and the critical content issues behind Viacom v. YouTube, among other topics.

In lieu of attending either in-person program, attendees can register for a webcast of the live PLI program on May 16–17, 2013, starting at 9:00 am Pacific. For more information or to register for this event, click here.

Data Security, Emerging Tech to Be Focus for FTC

New Chairperson of the Federal Trade Commission Edith Ramirez has hit the ground running. Attending the International Association of Privacy Professionals Conference in Washington, D.C., Ramirez outlined priorities for her term.

In addition to regulating companies for data security failures, Ramirez promised that the agency would focus on privacy in emerging technologies like the “Internet of Things,” such as cars and home appliances connected to the Internet. “No matter what we do at the FTC, the reality is that technology is just developing at a pace that we can barely keep up with,” Ramirez said at the conference. “We need to be conscious of this, and it absolutely needs further study, and I certainly want to make sure the agency is looking at all these developments.” She indicated that a workshop on the topic will be forthcoming.

Ramirez cited enforcement of the Children’s Online Privacy Protection Act as another area of attention for the agency. She also noted that the mobile space is an area of “increasing importance” and a focus of the agency’s efforts.

Ramirez, filling the shoes of outgoing Chairman Jon Leibowitz, said she plans to continue use of the Commission’s authority under Section 5 of the Federal Trade Commission Act to regulate unfairness. “I feel we’ve used that authority very judiciously, and I want to see us continue to do that.” However, she added, “that’s not a blank check for us to go after privacy violations.” When evaluating whether or not to take action, the agency will consider, “Is there a real harm? A harm that isn’t speculative?” she explained.

Harm may include non-pecuniary harm, Ramirez said, using the example of last year’s enforcement action against a software designer and rent-to-own companies that rented computers loaded with spyware to consumers who then had their keystrokes captured and screen shots taken without their knowledge. “There I think it’s very clear that it falls within our unfairness authority,” Ramirez said. “There are harms that go beyond monetary harm.”

Ramirez also indicated support for the progress of Do Not Track efforts and praised the elevation of “Privacy by Design” over the last few years. Companies have begun to shift perspective from a focus on privacy policies to other means of communicating with consumers about privacy, she said. “I’m really encouraged when I go out to Silicon Valley by the stories I hear about how seriously companies are taking privacy,” Ramirez told the audience. “I know that privacy professionals within companies are very pleased when they hear their engineers talking about finding privacy solutions.”

Why it matters: Ramirez’s comments solidify a continued FTC focus on privacy issues, particularly related to children and COPPA, and the concerns raised by emerging mobile technology. Over the coming months – and ensuing workshops, enforcement actions, and investigations – the agency under her leadership will continue to take shape.

Mobile Payment Services Subject of New FTC Report

The Federal Trade Commission has released a new report on the burgeoning world of mobile payment services, “Paper, Plastic…Mobile? An FTC Workshop on Mobile Payments,” that offers guidance for the industry.

The agency focused on three areas of concern: dispute resolution, data security, and privacy.

Dispute resolution in the mobile ecosystem can be extraordinarily complicated for consumers. “Mobile payment users may not recognize that their protections against fraudulent or unauthorized transactions can vary greatly depending on the underlying funding source,” the FTC explained. Because mobile purchases are funded from a variety of sources – a bank account, a credit card, or a mobile phone account, for example – each has a different dispute resolution process with varying protections. To limit consumer confusion, companies should “develop clear policies regarding fraudulent and unauthorized charges and clearly convey these policies,” the agency recommended.

In addition, mobile phone bills present the potential for “cramming” or unauthorized charges, which are growing issues in the mobile ecosystem. Companies should provide “basic protections” for consumers, that include the ability to block all third-party charges on mobile accounts. They should also offer a clear explanation that third-party charges may be placed on an account with an explanation of how to block such charges, and they should establish clear and consistent processes to dispute charges and obtain reimbursement.

Security is a second area of concern in the mobile payment ecosystem. “Mobile payment providers should increase data security as sensitive financial information moves through the payment channel, and encourage adoption of strong security measures by all companies in the mobile payments chain,” the FTC wrote.

Finally, the agency turned to privacy. As mobile payment providers have access not only to a consumer’s financial information but other personal data on his or her mobile device, mobile payments pose potential privacy issues.

To ensure consumer privacy, mobile companies must practice “privacy by design” and provide simplified choices and greater transparency for consumers, the agency advised.

To read the FTC report, click here.

Why it matters: The staff report is just the latest example of the FTC’s attention to the mobile ecosystem. It follows an enforcement action against a mobile app provider, a report recommending best practices for app developers issued in February and a report focused on mobile applications geared toward children last December. Industry members should be prepared to face scrutiny from the agency, which has made clear its intent to regulate the world of mobile payment services. As the report promised, the FTC will “continue to monitor mobile payment options, and to evaluate whether consumers have adequate protections and the information they need to make informed choices about these new and innovative services.”

Zip Back to Court: Massachusetts Court Reinvigorates Zip Code Lawsuit

Retailers must now beware of collecting zip codes on both coasts and the possibility of consumer class action suits. Massachusetts’ highest court ruled that zip codes are personal information and that the law prohibiting retailers from requesting codes from credit card purchases was designed to protect their privacy.

In 2011, Melissa Tyler, a customer of Michaels Stores, Inc., filed suit against the craft retailer. She claimed that the company violated a Massachusetts consumer protection law by requesting and recording her zip code while processing her credit card transaction. Tyler filed her suit just weeks after the seminal decision from the California Supreme Court in Pineda v. Williams-Sonoma, which held that retailers may not collect zip codes from consumers who use their credit cards, as they are considered “personal identification information” under the state’s Song-Beverly Credit Card Act.

Giving hope to retailers, a federal court judge dismissed Tyler’s suit last year but gave the plaintiff the option of filing a request to certify questions about the statute to the Massachusetts Supreme Judicial Court, the state’s highest court.

Answering the questions, the court determined that a zip code constitutes personal identification information for the purposes of the state law, G.L. c. 93, §105(a), and the term “credit card transaction form” applies equally to electronic and paper transaction forms. In addition – and most troubling for retailers – the court said that a plaintiff may bring an action for violation of the law absent identity fraud and still recover statutory damages.

The district court judge reached the wrong conclusion about the intent of the statute, which has a “principal purpose…to guard consumer privacy in credit card transactions, not to protect against credit card identity fraud,” the court said. With that backdrop, “We see no reason to read into the statute a requirement that one be the victim of identity fraud in order to assert a claim under [the statute].”

Elaborating on what a plaintiff must allege under the statute to establish injury or loss, the court said “the violation of the legal right that has created the unfair or deceptive act or practice must cause the consumer some kind of separate, identifiable harm arising from the violation itself.”

The court identified two types of injury or harm that might be caused by a merchant’s violation of the statute: “the actual receipt by a consumer of unwanted marketing materials as a result of the merchant’s unlawful collection of the consumer’s personal identification information” and “the merchant’s sale of a customer’s personal identification information or the data obtained from that information to a third party.”

In a footnote, the court was even more explicit. “In the present case, for example, if Michaels obtained a customer’s zip code, placed that information in a file (paper or electronic), and never used the information for any purposes thereafter, a consumer would not have a cause of action for damages [under the statute], even though Michael’s request for and saving of the zip code information may have violated [the law],” the court said.

Because Tyler alleged that she received unwanted marketing materials as a result of Michaels’ collection and recording of her zip code, the court’s holding effectively reverses the district court’s decision.

Turning to damages, the court acknowledged that the use of a consumer’s personal information in the two situations it described would not be likely to cause a quantifiable loss of money or property or measurable emotional distress. However, recovery would still be available.

In the first situation, “receipt of unwanted marketing material as a result of a §105(a) violation represents an invasion of the consumer’s personal privacy causing injury or harm worth more than a penny, and the consumer is thus entitled to the minimum statutory damage award of twenty-five dollars,” the court said.

In the second scenario, where a retailer sold a consumer’s personal information to a third party, the court said that disgorgement of a merchant’s profits would be an appropriate remedy. “It is a close approximation of the value of the consumer’s personal identification information on the open market and because such an award would remove any financial incentive to merchants to violate the statute.”

To read the decision in Tyler v. Michaels Stores, click here.

Why it matters: With two states now denying retailers the right to collect zip codes, similar suits should be expected in other states. Massachusetts-based retailers should also brace themselves to see suits pile up similar to those in the California courts after Pineda.

LinkedIn’s Privacy Suit Dismissed

LinkedIn scored a victory recently when the court dismissed a privacy lawsuit claiming a data breach on the professional networking site was a result of the company’s failure to comply with industry security standards.

Last summer, hackers accessed LinkedIn’s systems and posted approximately 6.5 million passwords on an unrelated site. Two LinkedIn users then filed suit against the site.

But U.S. District Court Judge Edward Davila ruled that the putative class failed to demonstrate a “causal connection” between the alleged misrepresentations made in LinkedIn’s privacy policy and the harm suffered by users.

The plaintiffs had each purchased an upgrade to “premium” membership and contended that they suffered economic harm as a result of the breach. According to them, they did not receive the full benefit of premium memberships and would not have paid the price had they known about the poor security. Analogizing to class actions where plaintiffs claim they would not have purchased a food product had they known that it was not as advertised on the product’s labeling, the court rejected their theory.

“The user agreement and privacy policy are the same for the premium membership as they are for the non-paying basic membership,” Judge Davila wrote. “Any alleged promise LinkedIn made to paying premium account holders regarding security protocols was also made to non-paying members.”

The plaintiffs paid a premium for advanced networking tools and capabilities – not for a particular level of security, the court said.

Further, the plaintiffs did not argue that no security services were provided but said the security services were defective in some way. “This is not the case where consumers paid for a product, and the product they received was different from the one as advertised on the product’s packaging. Because plaintiffs take issue with the way in which LinkedIn performed the security services, they must allege ‘something more’ than pure economic harm,” the court held.

To read the decision in In re LinkedIn User Privacy Litigation, click here.

Why it matters: Although the decision is a victory for LinkedIn, Judge Davila dismissed the suit with leave to amend and provided some road markers for the plaintiffs should they choose to refile. In addition to explaining that the plaintiffs need to plead “something more” than pure economic harm, the court offered a suggestion about what that harm might be, like theft of personally identifiable information. Judge Davila also noted that the plaintiffs failed to mention that they actually read the alleged misrepresentations in the privacy policy, a requirement to support their claims.

Judge Halts NYC Soda Ban

Just one day before the controversial ban on “giant soda” was set to impact New York City, a trial judge issued an injunction halting the law from taking effect as scheduled on March 12.

The New York City Board of Health approved the law last fall which banned the sale of beverages “sweetened with sugar or another caloric sweetener that contain more than 25 calories per 8 fluid ounces,” as applied to drinks sold in containers larger than 16 ounces.

Industry groups including the American Beverage Association and the National Restaurant Association challenged the law, arguing it was an unconstitutional violation of the separation of powers doctrine because the Board exceeded its authority and impermissibly trespassed on legislative jurisdiction.

After reviewing the history of the Board of Health – beginning with its creation in the 1698 City charter and detailing each revision to the current date – Manhattan Supreme Court Justice Judge Milton A. Tingling agreed.

“In looking at the history of the Charter, the intention of the legislature with respect to the Board of Health is clear. It is to protect the citizens of the city by providing regulations that prevent and protect against communicable, infectious, and pestilent diseases,” he wrote.

Major amendments to the Charter and the Board’s power occurred at times of heightened public illness, Judge Tingling wrote, when a rise in immigration brought new diseases to the city and at the time of the AIDS epidemic in 1989.

“However, one thing not seen in any of the Board of Health’s powers is the authority to limit or ban a legal item under the guise of ‘controlling chronic disease,’ as the Board attempts to do herein. The Board of Health may supervise and regulate the food supply of the City when it affects public health, but the Charter’s history clearly illustrates when such steps may be taken, i.e., when the City is facing imminent danger due to disease. That has not been demonstrated herein.”

Not only did the Board overstep its bounds, Judge Tingling said, but the law itself was poorly written and “is laden with exceptions based on economic and political concerns.” Convenience stores like 7-11 are not covered by the law as part of a group of businesses exempt from all Board of Health regulations, for example, and drinks that contain 51 percent milk – even high-fat milkshakes and lattes – are also exempt.

Even affording the Board “every degree of judicial deference,” Judge Tingling said the law “is arbitrary and capricious because it applies to some but not all food establishments in the City, it excludes other beverages that have significantly higher concentrations of sugar sweeteners and/or calories on suspect grounds, and the loopholes inherent in the Rule, including but not limited to no limitations on refills, defeat and/or serve to gut the purpose of the Rule.”

To uphold the law would “not only violate the separation of powers doctrine, it would eviscerate it,” he concluded. “Such an evisceration has the potential to be more troubling than sugar sweetened beverages.”

To read the order in New York Coalition of Statewide Hispanic Chambers of Commerce v. The New York City Board of Health and Mental Hygiene, click here.

Why it matters: The decision “provides a sigh of relief” for the soft drink industry and retailers impacted by the law, Christopher Gindlesperger, a spokesperson for the American Beverage Association, told The New York Times. “With this ruling behind us, we look forward to collaborating with city leaders on solutions that will have a meaningful and lasting impact on the people of New York City,” he said. But the fight isn’t over. Mayor Michael R. Bloomberg, who championed the law, immediately vowed to appeal the decision. “We believe that the judge’s decision was clearly in error, and we believe we will win on appeal,” Mayor Bloomberg said at a press conference about the court’s opinion. “People are dying every day. This is not a joke. This is about real lives.”

Most Read Stories

In case you missed any, here are our top 10 most widely read stories in February:

1. “Starbucks, Kraft Battle Over Coffee Claims

2. “ ‘Business Coaching’ Defendants Settle with FTC

3. “Size Really Does Matter – At Least for Subway Sandwiches

4. “The FTC and the Mobile Ecosystem: Enforcement Action, Report, and Educational Materials

5. “CARU Chides Kraft for Kids’ Sweepstakes

6. “Orange Juice Plaintiff’s Suit Dismissed as ‘Much Ado’ over Fresh Squeezed Claims

7. “NAI to Adopt Mobile Privacy Guidelines

8. “News from the Capital: VPAA Amendment Becomes Law, New Mobile Privacy Bill Introduced

9. “California Lawmakers Consider Privacy

10. “Report: FTC’s Report on Alcohol Industry’s Online Marketing to Be Released This Summer

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Written by:

Manatt, Phelps & Phillips, LLP
Contact
more
less

Manatt, Phelps & Phillips, LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.