Effective: January 1, 2023
Overview
What Information Do We Collect?
How Do We Process Personal Data?
Operational and Marketing Uses
Legal Bases for Processing
Sharing of Personal Data
Protecting Personal Data
Retention of Personal Data
Your Rights Regarding Personal Data
Accessing, Modifying, Rectifying and Correcting Collected Personal Data
Your California Privacy Rights
Your European Union Privacy Rights
Communications Opt-Out
Cookies, Web Tracking, and Advertising
Other Important Information About Personal Data
Collection of Personal Data from Children
Third-Party Websites and Services
Business Transfer
Do Not Track
International Transfers
Modifications and Updates to this Privacy Notice
Applicability of this Privacy Notice
Additional Information and Assistance
Katten Muchin Rosenman LLP and its affiliates (collectively, "Katten," "we," "us," or "our") are committed to protecting the privacy of all individuals who utilize our site or legal services. Katten is the data controller of the personal data collected, and is responsible for the processing of your personal data.
The privacy notice (the "Notice") explains how we collect, use and safeguard the information you may provide to us via this website and other domains owned and operated by Katten. The Notice also informs you about your privacy rights and how the law protects you. Certain other Katten websites (e.g., client extranets) may be operated under separate agreements having additional terms and conditions.
It is important that you read this Notice together with any other notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Notice supplements the other notices and is not intended to override them. In the event of a conflict between this Notice and another notice which applies to a specific site or engagement (i.e., a client extranet), the latter shall prevail over this Notice to the extent of the conflict.
Please note, if you reply to one of our marketing emails or otherwise send a communication to us, such communication does not create an attorney-client relationship with us. As such, please do not send any information that you consider confidential unless and until we have agreed in writing to represent you with respect to such matter. Any information provided to us prior to such agreement may not be protectable from disclosure and may not be subject to attorney-client privilege.
Please review the following to understand how we process and safeguard personal data about you. By using our website or otherwise obtaining services from us, and/or by voluntarily providing personal data to us, you acknowledge that you have read and understand the practices contained in this Privacy Notice. This Notice may be revised from time to time, so please ensure that you check this Notice periodically to remain fully informed.
2. What Information Do We Collect?
We collect a variety of personal data (meaning information about an individual from which that person can be identified) from and about you, in a number of situations. What data we collect will depend on the specific circumstances:
- when you provide your personal data to us in direct communications with us through this website, by email, phone, or otherwise, such as when you subscribe to receive publications or general legal updates, including your name, employer information, and contact details;
- when you instruct us in connection with the provision of legal services, you may provide us with personal data, including your name, contact details, and such other information as may be appropriate in context;
- we may also ask you to provide, in certain circumstances, additional personal data in order for you to apply for a job or to comply with legal obligations to which we are subject;
- automatically through logging and analytics tools, cookies, and as a result of your use of and access to the website. For more information, please see our Cookie Notice. We utilize commonly-used logging and analytics tools, including Google Analytics, to collect information about your device, the network used to access the website, and information about your use of the website (such as how you navigate and move around the website).
You have choices about certain information we collect. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary for us to collect by law or to perform a contract, we may not be able to enter into or perform such contract or perform other obligations with respect to you. In addition, as noted below in the section captioned "Your Choices" it is possible to change your browser settings to block the automatic collection of certain information.
We also collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal data. To the extent this data is stored or associated with personal data, it will be treated as personal data; otherwise, that data is not subject to this notice.
In the event that you provide us with information about another person, you must ensure that you have the right to provide that information and, as appropriate, that they understand how their information will be used by us.
3. How Do We Process Personal Data?
We process personal data as follows:
Operational and Marketing Uses. We process your personal data as part of our business operations and for marketing, which include:
- providing you with information tailored to your requests, responding to inquiries, and delivering and managing legal services;
- screening and other activities in connection with employment or other engagement by us of you;
- communications with you regarding our services and legal developments;
- compliance with our legal obligations, including compliance checks, and related record-keeping;
- endeavoring to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties; and
- in connection with the exercise or defense of our legal rights, as well as in response to court orders.
Legal Bases for Processing. We process personal data for, or based on, one or more of the following legal bases:
- to enter into, or perform under, the agreement between us, and to comply with your instructions;
- as is necessary for our legitimate interests, including direct marketing;
- to comply with the law and our legal obligations, as well as to protect you and other individuals from certain harms; and
- in certain circumstances, based on your express consent.
Sharing of Personal Data. Some of the above processing involves sharing collected personal data with third parties, including service providers, affiliates, and other partners. This occurs in the following circumstances:
- we share personal data with third parties when you ask us to do so;
- we share personal data among our affiliated entities;
- we share personal data with our service providers, including, as applicable, payment processors, IT service providers, commercial email providers, security consultants, and other vendors we engage so that they may provide services to us or on our behalf; and
- we share personal data with third parties when we believe it is required by, or necessary to comply with, applicable law.
We do not sell or rent your personal information to third parties.
Because security is important to both Katten and you, we employ reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal data. If you suspect unauthorized access to your information, you should contact Katten immediately as provided in the section captioned "Additional Information and Assistance" below.
No method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit to us through the Internet is or will be secure.
5. Retention of Personal Data.
We retain personal data for as long as is necessary to fulfill the purpose for which it was collected, as well as to the extent we deem necessary to carry out the processing activities described above, including compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties. For details on the retention periods applicable to specific elements of your personal data, please contact us as provided in the section captioned "Additional Information and Assistance" below.
6. Your Rights Regarding Personal Data
You have a variety of legal rights regarding the collection and processing of personal data. You may exercise these rights, to the extent they apply to you, by contacting us as provided in the section captioned "Additional Information and Assistance" below, or by following the instructions provided in this Privacy Notice or in communications we send to you. Please be prepared to provide reasonable information to identify yourself and authenticate your requests.
Note, however, that we may request certain reasonable additional information (that may include personal data) to help us authenticate the request and/or to clarify or understand the scope of such requests.
These rights vary depending on the particular laws of the jurisdiction applicable to you, but may include:
- the right to know whether, and for what purposes, we process personal data about you;
- the right to be informed about the personal data we collect and/or process about you;
- the right to access, modify, and correct personal data about you (as set forth in more detail below under "Accessing, Modifying, Rectifying, and Correcting Collected Personal Data");
- the right to know with whom we have shared personal data about you, for what purposes, and what personal data has been shared (including whether personal data was disclosed to third parties for their own direct marketing purposes);
- where processing of personal data about you is based on consent, the right to withdraw your consent to such processing; and
- the right to lodge a complaint with a supervisory authority located in the jurisdiction of your habitual residence, place of work, or where an alleged violation of law occurred.
For additional information, please see "Your California Privacy Rights" and "Your European Union Privacy Rights," if applicable, for more information about certain legal rights.
Accessing, Modifying, Rectifying, and Correcting Collected Personal Data. We strive to maintain the accuracy of any personal data collected from you, and will use commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us, and please notify us as soon as possible of any updates or corrections.
In accordance with applicable law, you may obtain from us certain personal data that we process about you. If you wish to access, review, or make any changes to personal data you have provided to us through our website or related services, you may do so at any time by contacting us as provided below. Please note, however, that we reserve the right to deny access as permitted or required by applicable law.
Your California Privacy Rights. California Civil Code Section 1798.83, known as the "Shine the Light" law, permits our users who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge.
We do not disclose personal data protected under the "Shine the Light" law to third parties for their own direct marketing purposes.
Additionally, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), provides California residents with certain rights with respect to their personal information, as described below. These rights are not absolute and are subject to certain exceptions more fully set forth in the CCPA.
Right to know about personal information collected, disclosed, or sold.
Each California resident has the right to request, subject to certain exceptions described in the CCPA, that we disclose to that resident:
- the categories of personal information we have collected about them,
- the categories of sources from which the personal information is collected,
- the business or commercial purpose for collecting or selling the personal information,
- the categories of third parties with whom we have shared the personal information, and
- the specific pieces of personal information we have collected about them (collectively, a “Request to Know”).
Right to request deletion of personal information
Each California resident has the right to request the deletion of their personal information that we collect or maintain (a “Request to Delete”), subject to certain exceptions set forth in the CCPA.Right to correct inaccurate personal information
Each California resident has the right to request the correction of any inaccurate personal information that we maintain (a “Request to Correct”), subject to certain exceptions set forth in the CCPA.
Process for verifying requests of California residents
In order to protect your privacy and security, prior to completing any Request to Know, Request to Delete or Request to Correct that you may submit, we must verify your identity. We will verify your identity by asking you to provide certain data that we have already collected from you to confirm that they match our records. In certain instances, additional verification steps may be required.
Right to Opt-Out / Do Not Sell My Personal Information
We do not sell your personal information within the meaning of the CCPA.
Do Not Share My Sensitive Personal Information
We do not share your personal information within the meaning of the CCPA.
Non-Discrimination
You are entitled to exercise the rights described above free from discriminatory treatment prohibited by the CCPA.
Contact Us
If you have any questions about our information practices, please contact us at:
Katten Muchin Rosenman LLP
Privacy Officer
525 West Monroe Street
Chicago, IL 60661-3693
privacy@katten.com
Your European Union Privacy Rights. In addition to the above-listed rights, European Union privacy law provides individuals with enhanced rights in respect of their personal data. These rights may include, depending on the circumstances surrounding the processing of personal data:
- the right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
- the right to request restriction of processing of personal data or object to processing of personal data carried out pursuant to (i) a legitimate interest or (ii) performance of a task in the public interest (including processing for direct marketing purposes);
- in certain circumstances, the right to data portability, which means that you can request that we provide certain personal data about you that we process in a machine-readable format; and
- in certain circumstances, the right to erasure, which means that you can request deletion or removal of certain personal data we process about you.
Note that we may need to request additional information from you to validate a request relating to the exercise of any of the rights above.
In addition to your choices with respect to the collection of personal data (see "What Information Do We Collect?" above), you have the ability to make certain choices about how we communicate with you, and how we process certain personal data.
Communications Opt-Out. You may opt out of receiving marketing or other communications from us at any time through a given communications channel (such as email or telephone) by following the opt-out link or other unsubscribe instructions provided in any email message received and/or by contacting us as provided in section captioned "Additional Information and Assistance" below.
Cookies, Web Tracking, and Advertising. Consult our Cookie Notice for more information about how to control and/or opt out of certain web tracking technologies.
8. Other Important Information About Personal Data.
Our Privacy Notice also includes information about other practices with respect to personal data, including:
Collection of Personal Data from Children. Children under 16 years of age are not permitted to use the website, and we do not knowingly collect information from children under the age of 16.
Third-Party Websites and Services. As a convenience, we may reference or provide links to third-party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business. When you access these third-party services, you leave our website, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk and this Privacy Notice does not apply to any third-party services; please refer to the privacy notices or policies for such third-party services for information about how they collect, use, and process personal data.
Business Transfer. We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal data we obtain from or about you via the website or through services we provide to you may be disclosed to any potential or actual third-party acquirers and may be among those assets transferred.
Do Not Track. We use analytics systems and providers that may process personal data about your online activities over time and across third-party websites or online services. We do not currently process or comply with any web browser's "do not track" signal or similar mechanisms.
Note, however, that you may find information about how to block or reject certain tracking technologies in our Cookie Notice.
International Transfers. We share your personal data among our affiliates, and this may involve the transfer of your personal data to and from the United States, the United Kingdom, and China. If you are using the website or our services from outside the United States, by your use you acknowledge that we will transfer your data to, and store your personal data in, the United States. For transfers from the European Economic Area and the United Kingdom to our United States affiliate, pursuant to Article 46 of the General Data Protection Regulation, we use the European Commission approved Standard Contractual Clauses and International Data Transfer Agreement (as applicable).”
9. Modifications and Updates to this Privacy Notice
This Privacy Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the website and any services which are otherwise available through our website. We reserve the right, at any time, to modify, alter, and/or update this Privacy Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this Privacy Notice, such as by sending you an email or posting a notice for a period of time on the website. Your continued use of the services we provide to you or which are otherwise available through our website following our posting of any revised Privacy Notice will constitute your acknowledgment of the amended Privacy Notice.
10. Applicability of this Privacy Notice
This Privacy Notice is subject to the Katten Terms of Use. By using this website and voluntarily providing your personal data to us, you acknowledge the processing of your personal data in accordance with this Privacy Notice and accept the Katten Terms of Use.
11. Additional Information and Assistance
If you have any questions or concerns about this Privacy Notice and/or how we process personal data, or would like to exercise any of the legal rights set forth above, please contact us at:
Katten Muchin Rosenman LLP
Privacy Officer
525 West Monroe Street
Chicago, IL 60661-3693
privacy@katten.com
In addition, we have appointed a data protection officer ("DPO") who is responsible for, among other things, responding to questions, requests, and concerns in relation to this Privacy Notice and our use of personal data. You may contact the DPO as follows:
Katten E.U. Data Protection Officer
Paternoster House
65 St. Paul’s Churchyard
London EC4M 8AB
dpo@katten.co.uk
If you are located in the European Economic Area, and you wish to raise a concern regarding our use of your personal data, you have the right to do so with our lead supervisory authority, the U.K. Information Commissioner's Office (the "ICO") at www.ico.org.uk, or your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.