EU Retail News - April 2017

Bryan Cave Leighton Paisner
Contact

Considering a Retail Merger?

"Made in USA" Claims Can Be Considered Deceptive Unless Substantiated

"No Hard Feeling!": The On-going Battle Between Large French Retailers to Maintain Their Market Share Takes a Judicial Turn Once Again

Businesses: How You Can Prepare for the 2018 Changes to Data Protection Laws

Guest Interview with Paula Levitan

Brands — You Are Responsible for Ensuring That Posts by Your Affiliate Marketers Are Cap Code Compliant


Considering a Retail Merger?

The UK Competition and Markets Authority ("CMA") has published new commentary to inform companies on how it assess retail mergers. The commentary should be read by any retailer considering merging with a competitor in the UK.

On 10 April 2017, the CMA published new commentary on how they will assess retail mergers. The commentary is an update to a 2011 publication by the then Office of Fair Trading. The CMA felt that it had assessed a lot of retail mergers over the last 6 years and was now in a position to update its guidance for companies and their advisers.

The interest to retailers will be for anyone considering a merger in the UK, especially to a close competitor. The CMA has developed its thinking, particularly with regard to the relationship between online and bricks and mortar sales. We believe there are three main takeaways from the updated commentary:

  1. Locality and catchment area: When assessing competition for bricks and mortar stores, the CMA starts with the performance against competing stores in the local area. The catchment area will be where the shop derives 80% of its sales from and the CMA can use the store's own data to assess the location of the customers, such as using loyalty cards and delivery records. Catchment areas may also vary depending on a stores size and between urban and rural areas. One size does not fit all.
  2. Claims as to online competition: The CMA has specifically singled out claims of online competition as needing scrutiny. This could occur for example where two close bricks and mortar competitors are merging, but insist any price rises will be tempered by online sales. The CMA will closely scrutinise these claims, likely based on evidence. This is clearly an argument they have heard too many times and hold little credence in it until proved.
  3. Internal documents and Data: As can be seen from the above, the CMA can request internal documents and data to help build a picture of the genuine competitive environment. Therefore, audit your own documents and data and be consistent with your arguments to the regulator. For example, it’s no use arguing that your number one competitor is online competition when your own management presentations and data point solely to local bricks and mortar competitors. Legal advisors and economists can do a lot of this competitive audit work at the outset of a merger or even in its negotiation, placing your anticipated merger in the best position come the time to submit your regulatory documents.

The commentary can be found by following this link.

"Made in USA" Claims Can Be Considered Deceptive Unless Substantiated

Authors: Mary Longenbaker, David Zetoony and Merrit Jones

Although every product imported into the United States must be marked with its country of origin pursuant to Section 304 of the Tariff Act of 1930, most products manufactured domestically are not required to list the United States as the country of origin. However, if manufacturers or retailers do choose to market their products as "Made in the USA," these claims must be substantiated, or risk being considered deceptive under federal or state law. On the federal level, the Federal Trade Commission has issued guidelines and considers representations that a product is "Made in the USA" to be deceptive, unless (1) "all or virtually all" of a product's components are of U.S. origin, and (2) "all or virtually all" processing takes place in the United States. Furthermore, the FTC considers phrases such as "Produced in the USA," "Built in the USA," or "Manufactured in the USA," as conveying a near-identical meaning to "Made in the USA," and applies the same standard.

The standards for "Made in the USA" claims may vary from state to state. Under California law, for example, such labeling claims are allowed only "if all of the articles, units, or parts of the merchandise obtained from outside the United States constitute not more than 5 percent of the final wholesale value of the manufactured product." Such labels are also allowed if the manufacturer makes a showing that it cannot produce or obtain a certain article, unit or part within the United States for reasons other than cost, and the article, unit or part does not constitute more than 10 percent of the final wholesale value of the manufactured product. Retailers should consider the following when advertising that a product is "Made in the USA," or defending a suit alleging a deceptive “Made in the USA” claim:

  • Make sure that your labels match. Verify that any descriptions that are placed on the product, its package, or on collateral advertising (e.g., online descriptions) match. To the extent that there is a discrepancy, consider clarifying why the discrepancy exists. For example, if a package states "Made in the USA" because the package was made in the United States, not the product, consider adding clarifying language to the statement to avoid allegations by consumers or regulators that the description is misleading.
  • Reliance upon third parties. If a third party (e.g., a manufacturer or vendor) has supplied a product that is marked "Made in the USA," consider whether to obtain indemnification or a guarantee that the description is accurate.
  • Compliance with state laws. Even if a product complies with the Federal Trade Commission's standards for "Made in the USA" claims, verify that the product also complies with any unique standards in the states in which the product will be sold.
  • Tracking cost and constituent parts. Consider what level of due diligence is required to ascertain the true origins of the parts, materials, and components of a product, in order to make your own determination as to whether a "Made in the USA" designation is beneficial overall. In some instances, designing a compliance program to track and document the origins of inputs may make sense to mitigate litigation risks.
  • Plan how to respond to mistakes and inquiries. Be prepared to respond if your company learns of information which might call into question a "Made in the USA" description used on a product. The Federal Trade Commission has proven willing to close investigations into "Made in America" claims without further action where a company promptly responds to the agency's inquiry and takes immediate action to rectify the agency's concerns.

For further information, please contact any member of the Bryan Cave Retail Team

"No Hard Feeling!": The On-going Battle Between Large French Retailers to Maintain Their Market Share Takes a Judicial Turn Once Again

This article was first published in French in Le Monde du Droit magazine.

Kathie Claret, partner, and François-Xavier Mirza, associate, Bryan Cave Paris, comment on recent case law on misleading advertising in mass retail.

Comparative advertising is permitted by EU Directive 2006/114. The same directive, on the other hand, prohibits misleading advertising, defined as “any advertising which in any way, including its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches and which, by reason of its deceptive nature, is likely to affect their economic behaviour or which, for those reasons, injures or is likely to injure a competitor”. In French law, Article L. 121-8 of the French Consumer Code allows comparative advertising provided that, precisely, it “is not “misleading or likely to deceive”.

The historical players in mass retail confront each other…

In December 2012, Carrefour (21% market share in 2016) launched a television advertising campaign based on a comparison of Carrefour's prices with those of competitors such as Intermarché (14.4% market share in 2016). However, the size and layout of the Intermarché stores selected for comparison (supermarkets) were different from the Carrefour stores (hypermarkets).

ITM, the company in charge of Intermarché's strategy and commercial policy, obtained in 2014 from the Commercial Court of Paris the cessation of this advertising campaign and 800,000 euros in damages for misleading advertising.

Carrefour appealed this decision and succeeded in convincing the Paris Court of Appeal to refer a question to the European Union Court of Justice (the “EUCJ”) as to whether such advertising, that compares the prices of products sold in shops of different sizes or layouts, is lawful under Directive 2006/114.

In a judgment of 8 February 2017 (Case C-562/15), the EUCJ reminded that any comparative advertising must objectively compare prices and not be misleading. However, according to the EUCJ, the objectivity of the comparison may be distorted as regards shops of different sizes and layouts if the advertisement does not mention that difference, thus deceiving consumers. The information given to the consumer must be clear and included in the advertising message itself.

The EUCJ thus invited the Paris Court of Appeal to examine whether “the advertising at issue satisfies the objective comparison requirement or is misleading, first, by taking into consideration the average consumer of the products in question (…), and, secondly, by taking into account the information contained in that advertising (…)”.

In this case, the information was displayed on the home page of the Carrefour website in small print. In the television advertisements the word “super” was mentioned below the name Intermarché in even smaller print.

… while uniting against new rising players

Carrefour, defendant in the aforementioned case, is the claimant in another case that targets this time a new player whose turnover is increasing since a change in its positioning resulting in an upgrade in product range: Lidl (5,2% market share in 2016).

Carrefour recently sued Lidl for compensation before the Commercial Court of Evry on the grounds that the company has allegedly not complied with the rules applicable to television promotions, which provide for a minimum period of 15 weeks during which the price announced and the available stocks must be maintained in store. Carrefour had previously obtained the suspension of the broadcasting of the advertisement through a “procédure en référé” (summary procedure).

In this case, a company is apparently willing to intervene in the proceedings in order to support Carrefour in the demonstration of the damage resulting from the practices at issue, a company called... Intermarché.

Sometimes allies, sometimes opponents, mass retailers no longer hesitate to make judicial strategy part of the defence of their market shares.

For further information, please contact any member of the Bryan Cave Retail Team.

Businesses: How You Can Prepare for the 2018 Changes to Data Protection Laws 

[author: Nicola Conway]

On 25 May 2018, the General Data Protection Regulation ("GDPR") will come into force; imposing uniform data protection laws across all EU member states in an effort to harmonise national laws, and thereby creating additional obligations for many UK businesses that process personal data.

Failure to comply with the new GDPR may expose businesses to a fine of up to the greater of €20 million or 4% of annual revenue. With this in mind, businesses should begin to make any and all internal organizational changes necessary to ensure compliance. We recommend taking the following preliminary steps: 

  1. Assess whether the GDPR will apply to you. The new law will apply to both EU and non-EU data controllers and data processors who either (1) offer goods or services to data subjects in the EU or (2) monitor data subjects' behaviour insofar as their behaviour takes place within the EU. 
  2. Appoint a Data Protection Officer (or similar). Certain companies will be obligated to appoint a Data Protection Officer ("DPO") to discharge the entity's responsibilities under the GDPR. Companies that are not so obligated will nevertheless need to ensure that someone within the organisation is responsible for achieving the same objective.
  3. Conduct a risk assessment. Businesses need to assess the degree of risk that their data processing has on data subjects. The Information Commissioner's Office ("ICO") recommends that, amongst other things, businesses create and maintain a record of the personal data they hold including details of where it came from, how it they are processing it1, and the legal basis for such processing.
  4. Update your privacy notices. Before collecting personal data, businesses will need to provide data subjects with more information than was previously required; including the details of the DPO, the legal basis for processing the data, data retention periods, the individual's right to complain to the Data Protection Authority if they take issue with the way their data is handled, data transfers to other countries, etc.
  5. Ensure that you have been and are continuing to collect the appropriate consents from data subjects to process their data. Under the current law, a data subject must give "consent" to the processing of their regular personal data and "explicit consent" to the processing of their sensitive2 personal data. Under the GDPR, both types of consent must also be shown to be freely given, specific, informed and unambiguous. Consent must also be revocable, i.e. the data subject must at any time be able to withdraw their consent.
  6. Ensure that all of your policies, procedures and processes protect the new rights of data subjects. The rights of data subjects are set to be expanded under the GDPR: individuals will now in certain circumstances have (1) the right to request that businesses delete their personal data, (2) the right to receive within 1 month a copy of the personal data held by businesses in a commonly used and machine-readable format, and (3) the right to transmit those data to another controller.
  7. Review your procedure for dealing with data breaches. Businesses must ensure that their response procedure in the event of a data breach are aligned with the new "breach duty notification" which in some circumstances will require businesses to notify the relevant Data Protection Authority of a data breach within 72 hours.

For further information on any of the issues raised in the article, please contact any member of the Bryan Cave Retail Team.
   

1.

The term "processing" in relation to information or data can include obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including (a) organisation, adaptation or alteration of the information or data, (b) retrieval, consultation or use of the information or data, (c) disclosure of the information or data by transmission, dissemination or otherwise making available, or (d) alignment, combination, blocking, erasure or destruction of the information or data.

2.

Sensitive personal data is a category of personal data and means information relating to physical or mental health or condition; religious or similar beliefs; racial or ethnic origin; political opinions; membership to a trade union; sex life; commission (or alleged commission) of any offence or proceedings relating to offences; and (under the incoming GDPR) genetic information.

Guest Interview with Paula Levitan

London Retail Team Partners, Carol Osborne and Sarah Atkinson, speak to former Bryan Cave Retail Team Partner, Paula Levitan, who left the firm earlier this year after nine years in private practice to re-join Manzanita Capital as General Counsel. Paula previously worked as Associate General Counsel for Gap Inc., General Counsel for The Body Shop International and then General Counsel for Manzanita before it expanded its portfolio of brands to what it is today.

  1. How have you found the transition from private practice back to in-house and what has been the most challenging aspect?
    I am enjoying the transition back to in-house which I actually always loved because I feel much closer to the business.
  2. What does a day in the life of Paula look like now?
    That is an interesting question!  Every day is different.  We have a portfolio of companies and I work for all of them as well as the shareholder.  So, I might get pulled into a commercial discussion having legal aspects or work on establishment of a new subsidiary in a foreign jurisdiction, negotiate a settlement of a dispute, or a work on a commercial agreement.
  3. What are you seeing as the main issues currently affecting Manzanita’s brands from both a business and legal perspective?
    As so many of Manzanita’s brands are in the retail space, they face the full spectre of issues that retailers face ranging from regulatory issues to real estate and employment with commercial contracts, corporate issues, intellectual property and litigation!
  4. Do you miss anything about being in private practice, other than us of course?
    I miss having so many great colleagues who were each expert in their different areas of practice with whom I could consult by just walking down the hall!
  5. What are you most enjoying about being back in-house?
    I think the ability to be closer to the business and to hopefully add value early on before matters morph into issues is the most rewarding and stimulating aspect for me.

Brands — You Are Responsible for Ensuring That Posts by Your Affiliate Marketers Are Cap Code Compliant

[author: Nicola Conway]

Online affiliate marketing involves an individual celebrity or influencer marketing brands to their online following, often through social media apps such as Instagram, in return for (usually) a percentage of each resulting sale.

In March 2017, the UK's Committee of Advertising Practice ("CAP")1 issued new advice, addressed to both brands and influencers, which provides guidance on how to ensure that online affiliate marketing activity is CAP Code2 compliant.

Significantly, the guidance restates in no uncertain terms that where affiliate marketers advertise a brand's goods online and fail to disclose or make clear their commercial relationship with the linked-to products, both that individual and the featured brand will be in breach of the CAP Code.

This guidance arrives in tandem with related action being taken in the U.S. by the Federal Trade Commission against affiliate marketers who fail to disclose "clearly and conspicuously" where there is a "material connection" between the endorser and the brand.

The consensus of regulators across the globe appears to be that consumers have the right to be made aware at first glance of circumstances where an individual is acting with commercial intent rather than as a consumer or for purposes outside his or her trade, business or profession.

This means, brands, that you may find yourself in hot water with the CAP and the ASA for posts which feature your brand even where you have had absolutely no input in the creation and publication of the materials. It is therefore your responsibility to ensure that people know that an article, vlog, blog, tweet, post or page posted by your affiliate marketers is an ad before they click on or open it.

1.

CAP is responsible for writing the UK's Advertising Codes in collaboration with the UK's independent advertising regulator, the Advertising Standards Authority ("ASA").

2.

The rule book for non-broadcast advertisements, sales promotions and direct marketing communications in the UK.

[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.

© Bryan Cave Leighton Paisner | Attorney Advertising

Written by:

Bryan Cave Leighton Paisner
Contact
more
less

Bryan Cave Leighton Paisner 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.