Enterprise IT Service Customers: Managing the Impact of the Coronavirus on Vendor Provided Information Technology Services

Foley & Lardner LLPThe coronavirus (also known as COVID-19) has already had a significant worldwide impact. Many businesses are likely to encounter difficulties with at least some of their IT service providers, as broad-reaching stay-at-home orders (or vendor mandatory policies) are forcing service providers to perform work remotely. In other cases, businesses are experiencing service outages or service level failures, often caused by their IT vendors.   In a time of limited resource availability, IT vendors may, potentially, make decisions to allocate those resources to the benefit of some customers and the detriment of others.  Finally, businesses, themselves, may experience difficulties in their own performance of vendor agreements (e.g., unavailability of personnel resources to assist in software implementation engagements).

Below we discuss protections to consider in enabling your IT service provider to work remotely; immediate and longer-term steps to take in dealing with vendor-caused outages and service level failures; and protections to bear in mind when entering into your next IT vendor engagement.

Executive Summary

Businesses should keep these practices in mind when dealing with their IT vendors:

  • Coronavirus can impact the delivery of software and IT services into fundamental ways: (1) Vendor personnel that were working at the vendor’s facilities may be forced to work from home, and (2) companies may have engaged IT vendors to perform implementation, consulting, training or other professional services at the companies’ facilities.
  • When vendor personnel have to work at home, many new issues and risks arise such as data security, quality of performance, quantity of performance and service levels. In the event the new work environment impacts or may impact service, the customer company should determine the extent to which it has leverage, contractual or otherwise, to address the vendor commitments.
  • As most vendors and businesses are not equipped to have all or substantially all of their workforce suddenly working from home, companies contracting for and using IT services need to anticipate potential disruptions to their operations.
  • Many organizations today rely on cloud-based or Software as a Service (SaaS) solutions. For any number of reasons, the coronavirus can result in vendor-caused service outages and service level failures. Vendors will attempt to use force majeure and other defenses in an effort to avoid liability for such failures.
  • In the event unavailability service level (e.g., 99.9%) is not technically breached due to the coronavirus being a force majeure event. The customer should insist on a reasonable adjustment in fees paid to reflect the duration and severity of the outages, although the success of such efforts will depend largely on the wording of the agreement.
  • In the event a vendor invokes force majeure or similar defenses, at a minimum the customer should insist that the vendor take appropriate action to mitigate the impact to the customer. This may be required under the force majeure provision or applicable legal principles.
  • When assessing whether a service provider has acted reasonably in preparing for events of this kind and responding in an appropriate fashion, the customer should obtain a copy of the service provider’s current disaster recovery / business continuity plan and ensure the service provider is complying with it.
  • Ongoing or in-flight IT implementation or other professional service projects may also be impacted if access to the customer’s facilities is disrupted or prevented. In this case, the vendor, the customer, or both may seek to delay the project. In this case, negotiations should commence as soon as possible for an appropriate work around and/or mitigation plan for suspension of the project. 
  • Some IT vendor work on implementation or other professional service projects may be possible remotely. If so, it may materially increase the fees for the project, so budgets must be carefully managed.
  • For current and future contract negotiations, customers should keep these risks in mind when drafting the contract language. In particular, the impact of the coronavirus on the software or services to be provided should be carefully negotiated and discussed in detail in the agreement.

Remote Work Protections

Remote working in the IT context manifests itself in two principal ways. First, the vendor’s personnel may be (or may have been) working on the customer’s premises, such as for implementation of an IT system or project, or for on-site consulting professional services. 

Second, the vendor and its personnel may be providing services to your organization remotely from the vendor’s facilities, such as a Software as a Service (SaaS) cloud-based software service (e.g., Enterprise Resource Planning (ERP) or Customer Relationship Management (CRM) software) or “remoting in” to your facilities to provide remote IT infrastructure services, support, or other professional services. In this second circumstance, the vendor personnel are typically working from a secure and hardened facility (offices, data centers, and other secure facilities). The security risk profile changes significantly, however, if due to the coronavirus vendor personnel are no longer working at the vendor’s secure locations, but rather from home.

A well-established service provider will have technical, administrative, and physical safeguards at its locations to protect against the unauthorized access or disclosure of its and its customers’ data — often these service providers have high-level access to their customers’ systems as necessary to provide the services. However, with stay-at-home orders and policies quickly going into effect throughout the country and world, it may no longer be possible for IT vendors — even those with high-level system access to your business – to provide their services from the vendor’s secure facilities or on your premises. Many experts in the field indicate, for good reason, that data breaches are much more likely to occur in remote work environments.

If IT vendor personnel must work remotely in a manner that may impact service to the organization, the organization should determine the extent to which it has leverage, contractual or otherwise, to address the new work environment. For example, if feasible, companies should ensure contractual obligations are in place requiring sufficient data and system security protections. To draft effective contractual language, it is important to first understand where the vendor’s personnel will actually be performing the work. 

In a more traditional remote-work situation, the vendor’s employees might provide services from satellite offices or other, presumably secure, office locations. With the stay-at-home orders and policies in place, the service provider’s employees are likely working at home. Accordingly, contractual language should be implemented to ensure a similar level of data and system security protections for personnel working from home as would be available in the service provider’s typical service locations. 

For example, it is generally a best practice to require the service provider to issue work laptops and mobile devices to its employees, rather than allow personal device use, which are often more vulnerable devices. The agreement should also require the remote work equipment utilize sufficient security software, such as strong firewalls, virtual private network (VPN)-only access, multi-factor authentication, full disk encryption, and advanced malware scanning tools. 

Additionally, if your company has a trusted VPN network in place, the contract should require that all remote access by your service provider be through the customer’s VPN solution. Each of these are important steps in protecting your sensitive data and systems.  

Remember that it is not just about the “data,” which is clearly of great importance, but also the security of the systems on which that data resides.  In many cases, the vendor will have direct access to customer production systems, including payment systems.  That access, if not secured properly, could lead to a serious compromise of those systems.

At Foley & Lardner LLP, we recommend our clients implement contract language, typically in the form of a brief addendum to supplement their agreements, which both enables remote work for the service provider and contractually binds the service provider to a menu of security protections. Given the unique nature of the coronavirus and the resulting stay-at-home orders in place, your agreement with your service provider may not contemplate the provision of services remotely, and so an addendum or other supplement to your agreement may be necessary to allow such remote work, and in every case it should ensure proper data security protections.

Bear in mind that the overall remote computing environment is being heavily strained by large volumes of workers suddenly working at home.  Most vendors and businesses are not set up to have their entire workforce accessing their systems remotely.  Similarly, well-known web conferencing and screen sharing services are being stretched to their limits.  Failures are likely.  Disruptions should be anticipated.

Service Provider-Caused Service Outages and Service Level Failures

Businesses may also be encountering service provider-caused outages and service level failures. Service providers are likely to claim that the inability to conduct business normally because of the coronavirus caused the service outage or service level failure, and that the service provider is therefore excused from any liability or damage it may have caused. Vendors may claim that because the coronavirus is beyond their control, the circumstances constitute a “force majeure” event under the agreement, thereby relieving the vendor from its contractual obligations. 

If the vendor is claiming a force majeure event is applicable, the customer should push its vendors to remediate the outage or failure, and restore full performance as soon as possible.   Since force majeure outages and disruptions are generally excluded from service level obligations, the customer may not be due any service level credits or remedies as a result of the failures.  In those cases and depending on the language of the agreement, the customer should insist on a reasonable adjustment in fees paid to reflect the duration and severity of the outages.

Force majeure clauses often contain language obligating the party claiming excuse to use commercially reasonable efforts to remediate the situation. It may be necessary to review the applicable agreement for this language and potentially remind the service provider of its remediation obligations.

Once the situation is resolved, it is then time to analyze the root cause of the outage or failure. If the outage or failure was caused by an event beyond the reasonable control of the service provider, and which could not have been avoided through reasonable precaution, the service provider may, in fact, be excused from liability. 

For example, electrical grid outages may be occurring from the heavy taxing on new and different parts of the grid system that were not typically used as heavily and not built to withstand this pressure. This is as a result of the sudden change in work environments from the coronavirus, and likely constitutes a force majeure event excusing the service provider from an outage, if this were the cause. 

Alternatively, if the outage or failure is caused because, for example, the service provider did not have proper remote work capabilities in place, or because it failed to pay its bills for its own services, the service provider is likely not excused as this is not an event beyond its reasonable control even if caused (albeit indirectly) by the coronavirus. It is therefore pertinent to understand the root cause of the outage or failure.

In assessing whether the service provider acted reasonably in preparing for events of this kind and is responding in an appropriate fashion, the customer should obtain a copy of the service provider’s current disaster recovery/business continuity plan and ensure the vendor is adhering to its provisions.  Well-drafted plans should have specific provisions relating to remediation activities in the event of a pandemic.

Dealing with service level failures, as mentioned above, will be heavily dependent on the applicable contract language. Too often, service providers include highly qualified language which diminishes their obligations to actually meet their stated service levels, or to remediate service level failures properly. 

For example, while customers often focus on the service level availability percentage offered by the service provider, an equally important aspect is whether that percentage is a “target” or “required” availability. Oftentimes, a service provider may boast its uniquely high service level availability, maybe even at 99.999%, however the percentage is simply a target for the service provider, and reading further in its SLA would reveal that the service provider only has to use reasonable or commercially reasonable efforts to try and hit that level of availability. Once it has used its efforts, it may be “off the hook,” even if it ultimately provides 0% availability. 

Furthermore, it is important to analyze the service provider’s contractual remediation obligations under its SLAs. Does the service provider simply have to “respond” to an issue, or does it actually have to “resolve” the issue? This analysis of the contract language will be important to determine whether the service provider is excused from liability or not. 

Impact on Software and Other IT Implementation Projects

The same issues relating to cloud-based software availability can arise in connection with ongoing or in-flight IT implementation projects. While cloud-based software (e.g., SaaS solutions) has grown exponentially over the last several years, there is still a significant amount of IT services, which are and have to be performed at the customer’s facilities. With vendor personnel subject to mandatory working from home orders or policies, the continuation of these projects may very well constitute a force majeure event that enables the vendor to suspend additional work on the project.

Similarly, customers facing work at home requirements may face the same issues. There could be situations where the vendor proposes a remote work around for some or all of the project, which may not be reasonable or practical for the customer. Permitting work at home as an alternative may also materially increase fees for the project.  Budgets must be carefully managed.  If the parties are unable to reach a mutually acceptable solution, the customer may need to invoke a force majeure clause, or other defenses such as impossibility or frustration of purpose. As noted above, the applicability of a force majeure clause depends largely on the wording of the provision as well as the facts and circumstances. 

Impossibility and frustration of purpose are similar, but generally apply only to circumstances so disrupting that it makes continued performance of the agreement by one or both parties impossibility, for the fundamental purpose of the agreement can no longer be accomplished by one or both parties. We are helping many clients assess appropriate actions to take under the circumstances.

After the crisis

Looking down the line, it is important to learn from the coronavirus situation and know what to consider moving forward.  Businesses should review contracts carefully and always consider whether the service provider may be excused from performance for events developing or occurring at the moment of signing. Businesses should review the force majeure language (and any other language involving excuse of performance) to ensure it does not allow the service provider to stop performing because of an event that it knew or should have reasonably known about when the deal was being made. 

For example, if business enters into a new agreement today, and it allows for the service provider to consider the coronavirus a force majeure event, in essence, the business may sign the deal today, and tomorrow the service provider could stop performing and be excused from liability under the force majeure clause. Accordingly, it is critical to assess the near and longer-term ability of both parties to perform under the agreement, including in dire situations such as this one. Once the parties have reached an agreement on principal about dealing with the software solution or project in light of the coronavirus, the solution should be properly documented in the agreement. 

For example, if a project is susceptible to remote working, then the agreement should contain provisions specifically addressing the relevant issues, such as security commitments on the part of the vendor regardless of vendor personnel working from home, service level commitments of the vendor regardless of the coronavirus and future events that are foreseeable (e.g. shelter in place orders in a state that does not currently have such an order).

It is also essential to include in the contract proper incentives for the service provider to perform, such that the service provider will not want to seek excuses for performance. Rather than paying large sums (or even the full amount) upfront, concepts like milestone-based payments, whereby the service provider is only paid upon satisfactory completion and delivery of certain deliverables, are some extremely effective incentives to motivate the service provider to perform, even in difficult situations, such as that of the coronavirus. It is always more difficult to recover amounts already paid than to withhold amounts not yet paid for incomplete or unsatisfactory performance. 

Conclusion 

In any difficult situation you face with your service provider, it is almost always best to begin with a constructive discussion, where each party works in good faith the other, rather than jump right into an adversarial approach. For remote work protections, it will often prove valuable to engage in friendly talks with your service provider about how you might execute a mutually agreeable addendum to your existing agreement that will both allow for the service provider to work remotely while requiring the essential safeguards. 

For service outages or service level failures, we recommend first discussing prompt remediation efforts to be taken, and later determine the root cause of the issue. When negotiating a software implementation deal, a suitable approach is often to discuss current events and potentially foreseeable scenarios down the line, and then carve them out of any force majeure or other excuse-of-performance language.

For additional web-based resources available to assist you in monitoring the spread of the coronavirus on a global basis, you may wish to visit the CDC and the World Health Organization

[View source.]

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.

© Foley & Lardner LLP | Attorney Advertising

Written by:

Foley & Lardner LLP
Contact
more
less

Foley & Lardner 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.