Department of Commerce Now Accepting Privacy Shield Self-Certifications: A Primer for Compliance and Self-Certification

by WilmerHale
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The Privacy Shield framework is a voluntary program that provides companies with a mechanism for complying with EU data protection requirements when transferring personal data from the EU to the US. The framework is open to businesses subject to the enforcement jurisdiction of the US Federal Trade Commission or the US Department of Transportation. It replaces the Safe Harbor program and has a number of substantive new requirements that should be considered before a company self-certifies under the framework, including:

  • An Expanded Privacy Notice: The Privacy Shield notice requirements are more specific and detailed than under the Safe Harbor program, and an enrollee's public privacy policy must provide additional information about a company's data practices and participation in the Privacy Shield.
  • New Contract Requirements with Third-Parties and Vendors: Onward data transfers will require written contractual agreements, and enrollees now bear the burden to demonstrate that they are not responsible and liable for any damages that results from processing by third parties. However, in order to encourage companies to join, the Privacy Shield offers companies that self-certify by October a nine-month period to bring their existing commercial relationships into compliance.
  • Regulatory Oversight Requirements: The US Department of Commerce will be conducting compliance reviews of companies in the Privacy Shield framework, which may include detailed questionnaires and other information requests. Enrollees must agree to respond promptly to inquiries and request for documentation about their Privacy Shield compliance.
  • New Redress Mechanisms for EU Data Subjects: To address perceived difficulties resolving individual complaints under Safe Harbor, the Privacy Shield envisions several different redress mechanisms. Enrollees must have procedures in place to address individual complaints and must respond to an individual within 45 days. They must also offer an alternative dispute resolution provider free of charge. EU Data Subjects may complain to their home data protection authority and can invoke binding arbitration for some residual claims not resolved by other redress mechanisms.
  • Potential Additions in the Future: The Privacy Shield is also designed to be updated over time, both to address new issues and to accommodate the General Data Protection Regulation when it goes into effect in 2018. The European Commission and US Department of Commerce have agreed to discuss potential rules around automated processing at the Privacy Shield's first annual review.

Except for a grace period around third-party contract compliance, the Privacy Shield's requirements apply immediately upon an enrollee's certification with the US Department of Commerce. Before self-certifying, a company will need to do the following:

  • Confirm Eligibility to Participate: Only companies that are subject to the enforcement jurisdiction of the Federal Trade Commission or the Department of Transportation may join the Privacy Shield framework.
  • Identify and Register with an Independent Recourse Mechanism: An enrollee must ensure that its recourse mechanism is in place prior to self-certification and, if required, must register with that organization prior to self-certification.
  • Ensure Verification Mechanisms Are in Place: Enrollees must put in place procedures either via self-assessment or through third-party assessment programs to verify their continuing compliance with the Privacy Shield's requirements.
  • Designate a Privacy Shield Point-of-Contact: Enrollees must designate a contact person responsible for the company's privacy compliance to handle questions, complaints, access requests, and any other issue arising under the Privacy Shield.
  • Provide Detailed Information to the US Department of Commerce: The Department of Commerce has provided a detailed list of information that must be verified before a company may join the Privacy Shield. Enrollees will need to provide contact information, describe their activities with respect to personal information received from the European Union, and identify what personal information is covered by its self-certification.

Pre-Certification Checklist

According to the European Commission, the combination of mechanisms and procedures provided by the Privacy Shield approximate the requirements of the EU Data Protection Directive. The foundation of the framework is that companies are required to publicly commit to follow the seven Privacy Shield principles (which also include 16 supplemental principles). The Privacy Shield principles are:

  • Notice
  • Choice
  • Accountability for Onward Transfer
  • Security
  • Data Integrity and Purpose Limitation
  • Access
  • Recourse, Enforcement, and Liability

The seven principles (and associated supplemental principles) are discussed beginning on page 16 of the Annexes to the Commission Implementing Decision pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-US Privacy Shield (available here: http://ec.europa.eu/justice/data-protection/files/annexes_eu-us_privacy_shield_en.pdf). The supplemental principles expand upon information provided in Frequently Asked Questions to the invalidated Safe Harbor regime (available here, beginning at page 15: http://trade.gov/media/publications/pdf/safeharbor-selfcert2009.pdf), and are now formally incorporated into the Privacy Shield framework.

The following are steps that you should consider before self-certifying under the Privacy Shield framework. While the Department of Commerce has provided an online guide to self-certification (available here: https://www.commerce.gov/sites/commerce.gov/files/media/files/2016/how_to_join_privacy_shield_sc_cmts.pdf), this document should help you to identify items, practices, and procedures that will require attention as you prepare to self-certify. Privacy Shield is a voluntary framework, but self-certification constitutes a legal commitment to comply with the program and may be enforced by the Federal Trade Commission and the Department of Transportation.

Privacy Officer: You should designate a person to be responsible for coordinating Privacy Shield compliance. Often, that person is either the human resources manager or the person responsible for the company's privacy practices in general. This person should be the single point of contact for all Privacy Shield issues. The Privacy Shield framework requires that a contact be provided to handle any questions, complaints, or access requests that may arise under the Privacy Shield.

Internal Assessments: You should conduct an assessment of the data practices for which Privacy Shield self-certification is being considered. You should identify what information will be (and is already being) collected from EU data subjects and how it will be used and/or disclosed. A self-certification need not apply to all EU personal data maintained by your company but must specify to which data it does apply. Self-certification may be limited to online data, offline data, human resources data, or any combination from among these categories.

If a company self-certifies for human resources data for use in employment, it must take additional steps:

  • Indicate that it is extending Privacy Shield benefits to human resources data when it self-certifies.
  • Commit to cooperate and comply with data privacy authorities to resolve complaints concerning its use of such data.
  • Provide the Department of Commerce with a copy of its human resources privacy policy.
  • Make the privacy policy available for viewing by affected employees.

You may continue to rely on model contractual clauses for data that you choose to exclude from your Privacy Shield certification.

Privacy Policy/Notice: You should use the internal assessment to prepare a narrative policy statement that describes how your practices conform to the Privacy Shield principles. If you have an existing privacy policy, it likely can be adapted through the addition of a new section discussing the Privacy Shield framework. By the time the self-certification is completed, your Notice should provide information about:

  • A statement that your policy adheres to the Privacy Shield Principles, a hyperlink to the Privacy Shield website (https://www.privacyshield.gov), any entities or subsidiaries of the organization also adhering to the Privacy Principals, and a commitment that the Privacy Shield principles will apply to all personal data received from the EU in reliance on the Privacy Shield.
  • The types of personal data collected and the purpose for which it is collected.
  • How to contact you with any inquiries or complaints.
  • The types or identify of third parties to which you disclose personal data, and the purposes for which you do so.
  • The right of individuals to access their personal data and the choices and means you offer individuals for limiting the use and disclosure of their personal data.
  • The independent dispute resolution body designated to address complaints and provide appropriate recourse free of charge to the individual, whether that body is established by data protection authorities, whether that body is based in the EU or the United States, and a hyperlink to the dispute resolution body.
  • That the organization is subject to the investigatory and enforcement powers of the FTC, Department of Transportation, or another US authorized statutory body.
  • The possibility, under certain conditions, for the individual to invoke binding arbitration.
  • The requirement to disclose personal data in response to lawful requests by public authorities.
  • Your potential liability in cases of transfers to third parties.

The policy must be posted on a public web site (subject to narrow exceptions, such as if your certification relates only to human resources data) and it must be submitted to the US Department of Commerce's Privacy Shield team for formal review.

Opt In/Opt Out Choices: If any data subject to the self-certification will be disclosed to non-agent third parties (see below) or used for a materially different purpose than that for which it was collected, there must be procedures for allowing individual data subjects to “opt out” from such uses or disclosures. If any secondary uses or third-party disclosures involve “sensitive” data (i.e., personal data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life or sexual orientation, or criminal history), there must be procedures ensuring that data subjects affirmatively “opt in” prior to such use or disclosure.

Contracts with Third Parties for Onward Data Transfers: You must identify all third parties (or, at least, the types of third parties) receiving access to the data that will be subject to the self-certification, and you must determine whether they will be acting “as agents to perform task(s) on behalf of and under the instructions of the [self-certifying] organization.”

The Privacy Shield guidance is not clear, but one should not assume that “agents” for Privacy Shield purposes are always “agents” within the traditional legal meaning of that term; however, contractors performing under your instructions may generally be considered agents for purposes of the Accountability for Onward Transfer principle.

For third parties acting as agents, you must:

  • Transfer personal data only for limited and specified purposes.
  • Ascertain that the agent is required to provide the same level of protection as the Privacy Shield principles (you should do due diligence, especially as to the Accountability for Onward Transfer, Security, and Data Integrity and Purpose Limitation requirements; the Notice, Access, Choice, and Recourse, Enforcement, and Liability principles may not always be applicable to a third party that does not interact directly with data subjects).
  • Take steps to ensure that the agent effectively processes personal data consistent with the organization's Privacy Shield obligations.
  • Require the agent to notify the organization if the agent can no longer meet its obligations.
  • Upon such notice, take steps to stop and remediate unauthorized processing.
  • Provide information about relevant contractual provisions to the Department of Commerce upon request.

You must enter into a contract with each agent ensuring compliance with these obligations. Where a third-party agent violates the Privacy Shield principles, the Privacy Shield places the obligation on certified organizations to prove that they are not responsible for the event giving rise to the damage.

For third parties acting as data controllers, the Privacy Shield's notice and choice principles apply, requiring an opt-in or opt-out depending upon the use or type of data. You must also contract with each of these third parties, obliging them to:

  • Process data only for limited and specified purposes consistent with the consent provided by the individual.
  • Provide the same level of protection as the Privacy Shield principles.
  • Notify you if it cannot meet its obligations and then cease processing or take other steps to remediate.

If a third party is engaged to perform clearly defined tasks, these requirements may be satisfied with an appropriately restrictive “data protection” clause that limits the recipient's use of data to the specific tasks, limits retention of data to the period of performance, prohibits any modifications or disclosures of data, requires industry-standard data security measures, and forbids any contact with data subjects. The data protection clause can be inserted into or appended to the service agreement under which the third party will work. Because these requirements will likely require new contractual agreements, the Privacy Shield incentivizes companies to self-certify by October 2016 by granting them a nine-month period to bring their existing commercial relationships into compliance. After that point, contracts with third parties for onward transfer must be in place before self-certifying.

Access Rights: Access to one's information is one of the fundamental elements of the Privacy Shield program, but this right of access is not absolute. Access can be restricted where the burden or expense of providing access would be disproportionate to the risk to the individual's privacy in the case in question, or where the rights of other persons would be violated. An internal policy or procedure should establish objective standards for determining whether and how access must be provided, taking into account the specific needs and characteristics of your company and the anticipated expectations of the data subjects. Individuals have the right to obtain confirmation as to whether you hold personal data about them. Reasonable fees may be charged to defray the costs of providing access, but these fees (or limits on the number of times that a person may obtain access) should be specified in advance in to avoid a claim of discrimination. At a minimum, access must be provided in accordance with the requirements of Supplemental Principle 8 – Access (available here, beginning at page 31: http://ec.europa.eu/justice/data-protection/files/annexes_eu-us_privacy_shield_en.pdf). Amendment, correction, and deletion rights must be provided in where personal data—including accurate data—has been processed in violation of the framework.

Security Measures: You must implement reasonable measures to protect personal data from loss or unauthorized access, use, disclosure, alteration, or destruction. These measures should be documented and take into account the risks involved in the processing and the nature of the personal data.

Data Integrity Measures and Purpose Limitations: You must implement procedures to maximize the integrity of stored data, including taking reasonable steps to:

  • Consider and approve requested amendments.
  • Make unilateral amendments.
  • Identify inaccurate, incomplete, or out-of-date information.

The Privacy Shield also requires that collection of personal data be “limited” to that which is “relevant for the purposes of processing,” and organizations may not process information in ways “incompatible with the purpose for which it has been collected or subsequently authorized by the individual.” “Compatible processing purposes” depend on circumstances, but could include those “that reasonably serve customer relations, compliance and legal considerations, auditing, security and fraud prevention, preserving or defending the organization's legal rights, or other purposes consistent with the expectations of a reasonable person given the context of the collection.” The data should be retained only so long as it serves an original or compatible purpose for processing (although data may be retained indefinitely if it is not in a form “identifying or making identifiable the individual”).

Recourse Mechanisms: Self-certifying companies must have in place procedures to respond to any individual complaints and must be able to respond to the merits of a complaint within forty-five days of receiving it. Additionally, you also must provide, at no cost to the individual, an independent recourse mechanism to resolve disputes arising in connection with a data transfer or subsequent use or disclosure of personal data. Private dispute resolution organizations—such as TRUSTe, the Council of Better Business Bureaus (BBB), the American Arbitration Association (AAA), JAMS, and the Direct Marketing Association (DMA)—may be used. Alternatively, you may choose to use EU Data Protection Authorities for this purpose, and companies are required to cooperate and comply with these authorities if their self-certification covers human resources data. (European officials have encouraged companies to opt for using EU Data Protection Authorities as their chosen avenue for resolving Privacy Shield complaints due to EU data subjects' familiarity with them. If your organization chooses to do so, you must comply with the additional requirements of Supplemental Principle 5, available at https://www.privacyshield.gov/article?id=5-The-Role-of-the-Data-Protection-Authorities-a-b). If the recourse mechanism requires registration, you must do so prior to self-certification.

Employee Training: You should put in place training for employees who handle personal data from the EU. Staff familiar with your EU privacy policy can conduct the training in-house.

Changes in Data Practices: Changes in data practices may cause a company to become non-compliant with its Privacy Shield commitments. Before self-certifying, you should implement an internal procedure for ensuring that the designated Privacy Officer is informed well in advance of any proposed changes in the collection, use, or disclosure of data described in the Privacy Notice, so that appropriate modifications can be made to the Notice, internal procedures, or employee training program (or, where appropriate, so that proposed changes can be reviewed before implementation).

Verification Measures: Privacy Shield enrollees must audit and verify their compliance with the Privacy Shield principles. Prior to self-certifying, you should decide whether to rely upon an internal self-assessment or an outside, third-party program. An internal verification process must objectively check and document that:

  • The Privacy Notice is accurate, comprehensive, prominently displayed, completely implemented, and accessible.
  • Your practices comply with the Privacy Shield principles.
  • Individuals are informed of available complaint processes including in-house arrangements and independent recourse mechanisms.
  • Employees are adequately trained and disciplined, as appropriate.
  • Procedures are in place for periodic compliance reviews.

A statement verifying a self-assessment must be signed by an appropriate company official at least once a year and made available upon request by individuals or regulators. Internal verification is not a “free pass”; there must be a legitimate, documented compliance assessment. Third-party verification programs (e.g., TRUSTe, etc.) have their own procedures and enrollment requirements, which should be reviewed before self-certifying.
Records Retention: You must have a records retention policy. Records pertaining to Privacy Shield certification and compliance should normally be maintained for at least five years.

Final Verification: You must make sure the Privacy Notice is effective and accurate, and make any necessary refinements before self-certifying. The location of the posted Privacy Notice (e.g., a specific public web site URL) will need to be provided on the self-certification form

Annual Self-Certification: The US Department of Commerce has begun accepting self-certifications to the Privacy Shield on August 1, 2016, and has set up a Privacy Shield Website. See also Supplemental Principle 6 – Self-Certification (available here, beginning at page 27: http://ec.europa.eu/justice/data-protection/files/annexes_eu-us_privacy_shield_en.pdf) for a complete list of information that must be verified. After self-certifying, you must reaffirm this self-certification annually. The reaffirmation submission must be made on or before the anniversary of the day on which your original self-certification was finalized. Before filing your reaffirmation, you must conduct an audit to confirm that you continue to comply with the Privacy Shield principles.

Ongoing Obligations: The new framework explicitly states that, even if an organization terminates its certification in Privacy Shield, the organization remains bound by the Privacy Shield principles with respect to any personal data it retains that was collected under the Privacy Shield. Organizations must continue to affirm their commitment to apply the principles to any retained data.

Administrative Fees: The US Department of Commerce plans to charge an annual contribution for self-certification to cover the cost of the Privacy Shield arbitration panel, and will identify the amount of that fee by January 2017. It is not yet clear whether the Department will impose other registration fees associated with administering the program. The Department's privacy shield team will be conducting industry briefings to provide more information about the process.

Self-certified organizations that agree to cooperate with EU data protection authorities (including all organizations certifying with respect to human resources data) will be required to pay an annual administrative fee of no more than $500 per year to defray the EU authorities' costs.

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.

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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:

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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:

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  • Authenticate users and to provide for the safety and security of our Website and Services;
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  • 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.
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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.

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

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  • "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.

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