Effective Date: May 6, 2020
- The types of information we collect
- How we use your information
- How we share your information
- How we protect and store your information
- Marketing and other communications
- HIPAA and HITECH Act obligations
- Rights of California residents
- Rights of individuals located in the EEA, Switzerland, or UK
- How to contact us
Information We Collect
Information you provide us
Some of the Services may include features or services that allow you to directly provide us with contact information, such as your full name and email address, and other information about you. This includes the following:
- Contact information and any other information you choose to include when you communicate with us, including via email, respond to our communications, or subscribe to DWT publications, which include our newsletters, client advisories, blogs, and other materials. If you contact us, we may keep a record of that correspondence and any contact information provided.
- When you register for a webinar or event.
- When you inquire about or apply for a position with us.
- When you complete a survey administered by us or a service provider acting on our behalf.
- Payment information and associated contact information when you engage in a transaction on our Services.
- Medical or health information that you provide to us.
Some of this information may be collected by external parties on our behalf. For example, we use a payment processor when you engage in a transaction on our site; DWT does not itself collect or store payment card information.
You may also choose to submit information about you via other methods, including: (i) interaction with us via social media, including any posts, pictures, videos and messages that you submit to us either via our social media sites (including by use of hashtags associated with us) or our Services; (ii) interaction with our online forums and chatrooms, or by commenting on content posted on our Services; or (iii) in connection with an actual or potential attorney-client relationship with us. If you contact us, we may keep a record of that correspondence and any contact information provided.
Information we automatically collect
When you interact with the Services, certain information about your use of our Services is automatically collected. This includes:
- Details of your visits to our site and information generated in the course of using our site (including the timing, frequency, and pattern of service use) including, but not limited to, traffic data, location data, weblogs and other communication data, the resources that you access, and how you reached our site.
- Details regarding the device you use to interact with some of our Services, such as its location (city, state), operating system, browser type, and your internet service provider.
- Information about how you interact with our publications, including whether you open or click links in any correspondence.
- Information that you make available to us on a social media platform (such as by clicking on a social media icon linked from our Services), including your account ID or username and other information included in your posts.
Cookies and other tracking technologies
Any or all activities with regard to collecting usage information may be performed on our behalf by other companies. Much of this information is collected through cookies, web beacons, and other tracking technologies, as well as through your web browser or device. We rely on partners to provide many features of our sites and Services using data about your use of our site.
Below is a list of our partners with links to more information about their use of your data and how to exercise your options regarding tracking.
You may be able to opt out of or block tracking by interacting directly with the third parties who conduct tracking through our Services by following the links provided above. Most web browsers automatically accept cookies; but if you prefer, you can usually modify your browser setting to disable or reject cookies. Our website currently does not respond to "Do Not Track" signals. Note that if you delete your cookies or if you set your browser to decline cookies, some features of our website or Services may not function properly or be available.
How We Use and Protect Your Information
We use the information we collect from you for the following purposes:
- To respond to your inquiries or requests for information.
- To provide you with legal and other services, including to take steps to enter into an attorney-client relationship, process payments, and send service communications.
- To manage, operate, and improve the Services and grow our business, including understanding our customer base and the effectiveness of our marketing, events, promotional campaigns, and publications.
- To interact with you, including to send you newsletters, client advisories, and direct marketing communications and other materials if you consented to us doing so.
- To understand how users use our Services, including by generating and analyzing statistics.
- To evaluate, recruit, and hire personnel.
- To share information with vendors that provide services on our behalf which help us operate and improve our business.
- To comply with legal requirements; to detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal; and to protect the rights of DWT, you, or others.
How We Share Your Information
- Service Providers. We engage the following types of vendors to perform services on our behalf, such as billing and collection providers; website, software, or data hosting; content management; database management; technical integration; marketing automation; providers of analytics services; and payment processing.
- Third Parties. Where you choose to interact with our website, we partner with third-party cookie providers to count visits and traffic sources so we can measure and improve the performance of our site. To learn more, please see “Cookies and other tracking technologies” above, or visit the third parties’ respective privacy policies to better understand their data collection practices and controls they make available to you.
- Social Media Platforms. Where you choose to interact with us through social media, your interaction with these programs typically allows the social media companies to collect information about you through cookies they place on your device and other tracking mechanisms. In some cases, the social media company may recognize you through its cookies even when you do not interact with their application. Please visit the social media companies’ respective privacy policies to better understand their data collection practices and controls they make available to you.
- Change of Ownership or Corporate Organization. We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.
- Compliance and Harm Prevention. To comply with applicable law; as provided for under contract; to protect the rights of DWT, you, or others; to respond to requests from law enforcement agencies or other government authorities or third-parties; or as we deem reasonably necessary to provide legal services.
We may also analyze aggregated, de-identified data and share these analyses at our discretion, including with analytics providers to analyze the usefulness and popularity of various web pages on our site.
How We Protect and Store Your Information
We use a combination of physical, technical, and administrative safeguards to protect the information we collect through the Services. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.
If you use our Services outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries. The laws in the U.S. regarding personal information may differ from the laws of your jurisdiction.
Marketing and Other Communications
We may send you marketing communications about our products and services, invite you to participate in our events, or otherwise communicate with you for marketing purposes with your consent. If at any time you no longer wish to receive marketing communications from us, you can click the unsubscribe link at the bottom of any email or email us at [email protected].
HIPAA and HITECH Act Obligations
DWT agrees to be bound by and will comply with our Business Associate Contract to the extent that: you are our client; you are a covered entity or a business associate under the administrative simplification provision of the Health Insurance Portability and Accountability Act and its implementing regulations (HIPAA); and DWT is acting as your business associate under HIPAA (in that we are providing certain services to you involving your protected health information). Our business associate contract has been updated to reflect the 2013 amendments to HIPAA.
Your California Privacy Rights
Persons with disabilities may obtain this notice in alternative format upon request by contacting us at [email protected] or calling 1.800.398.0223
California Shine the Light
Residents of the State of California have the right to request information from DWT regarding other companies to whom we disclosed certain categories of information during the preceding year for those companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please email [email protected] or write to us at 920 5th Avenue, Suite 3300, Seattle, WA 98104.
California Consumer Privacy Act
The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as rights to know/access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” as “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Certain information we collect may be exempt from the CCPA because it is considered public information (i.e., it is made available by a government entity) or covered by a specific federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act.
To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.
Right to Notice at Collection Regarding the Categories of Personal Information Collected
You have the right to receive notice of the categories of Personal Information we collect, and the purposes for which those categories of Personal Information will be used. This notice should be provided at or before the time of collection. The categories we use to describe the information are those enumerated in the CCPA.
- Personal Identifiers:
- We collect your name, phone number, and email address and contact address when you provide it to us while interacting with our Services. We use this information to provide the Services, respond to your requests, and send information and advertisements to you.
- We collect your social media handle and basic account information when you interact with our Services through social media.
- We collect a unique numerical identifier, assigned to you by a first-party cookie, automatically when you use certain Services. We use this information to identify you, provide services to you, prevent fraud, and provide you with relevant information and offers.
- We collect payment information when you provide it to us or our payment processing vendors, which may include your credit card number or a bank account number, when you complete a transaction. You have the option to store this information to your account. We use this information to streamline and facilitate payments and transactions.
- We collect your Social Security Number, Driver’s License Number, or Passport Number under certain circumstances. We use this information to identify you, authenticate and collate information about you, prevent fraud, conduct background checks or other screening activities, and provide services to you.
- We collect medical information and health information about you when necessary to administer benefits and provide services to you.
- We collect your IP address automatically if you visit our website. We use this information to gauge online activity on our website and to provide services to you.
- Protected Classifications: We may collect your age, gender, race, ethnic origin, disability status, and sexual orientation. We use this information to comply with laws that restrict collection and disclosure of personal information belonging to minors, for recruitment purposes, to measure the appeal and effectiveness of our services with members of particular groups, and to provide services to you.
- Commercial Information: When you engage in transactions with us, we do not create records of goods or services purchased or considered, nor of purchasing or consuming histories or tendencies.
- Biometric Information: We collect information about your physiological, biological, and behavioral characteristics only as necessary to provide requested services to you.
- Internet or Other Electronic Network Activity Information: We collect information about your browsing history, search history, information regarding your interaction with websites, applications, communications or advertisements automatically when you utilize our Services. We use this information to gauge online activity on our website, measure the effectiveness of our Services, and to provide you with relevant information, advertisements and offers based on your online activities.
- Geolocation Data: As described above, we collect your IP address automatically if you visit our website. We do not collect your precise location (e.g., your GPS coordinates).
- Audio, electronic, visual, thermal, olfactory, or similar information: We do not collect your image or any thermal, olfactory, or similar information about you.
- Professional or employment-related information: We collect information about your current employer and your employment history. We use this information to conduct background and other screening activities, and to promote our Services to others.
- Education information: We collect information about the institutions you have attended and the level of education you have attained. We use this information to conduct background and other screening activities, and to promote our Services to others.
- Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics: We may analyze your actual or likely preferences through a series of computer processes. On some occasions we may add our observations to your internal profile. We use this information to gauge and develop our marketing activities, measure the appeal and effectiveness of our Services, applications, and tools, and to provide you with targeted information, advertisements, and offers.
We may use any of the categories of information listed above for other business or operational purposes compatible with the context in which the Personal Information was collected.
As described below, we sell certain information to our third-party cookie partners as defined by the CCPA. To "sell" information means to disclose it to a company for monetary or other benefit. A company may be considered a third party either because the purpose of sharing is not an enumerated business purpose under California law, or because our contract does not restrict them from using Personal Information for other purposes. To opt out of the sale of your information, please visit our "Do Not Sell My Personal Information" page.
Right to Know/Access Information
You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You may submit such a request as described below. To protect your Personal Information, we are required to verify your identify before we can act on your request.
Right to Request Deletion of Information
You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. You may submit such a request as described below. To protect your Personal Information, we are required to verify your identify before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
How to Submit a Request
You may submit a request to exercise your rights to know/access or delete your Personal Information through one of two means:
(1) By filling out a Consumer Data Request Form available here.
(2) By calling us at 1.800.398.0223.
In order to process your request to access or delete Personal Information we collect, disclose, or sell, we must verify your request. We do this by asking you to provide personal identifiers we can match against information we may have collected from you previously; and by confirming your request using the email or telephone account stated in the request.
You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf. We require that you and the individual complete affidavits in order to verify the identity of the authorized agent and confirm that you have authorized them to act on your behalf. Parents of minor children may submit a birth of the child certificate in lieu of an affidavit, in order to make requests on the child’s behalf.
Right to Opt Out of Sale of Personal Information to Third Parties
You have the right to opt out of the sale of your Personal Information by DWT to third parties.
We sell the below information to our third-party cookie partners. To "sell" information means to disclose it to a company for monetary or other benefit. A company may be considered a third party either because the purpose of sharing is not an enumerated business purpose under California law, or because our contract does not restrict them from using Personal Information for other purposes.
We sell the following information to our third-party cookie partners:
- Personal Identifiers: We provide your IP address automatically if you visit our website.
- Internet or Other Electronic Network Activity Information: If you visit our website, we provide information about your browsing history, search history, and your interaction with the site.
- Geolocation Data: As described above, we provide your IP address automatically if you visit our website.
To exercise your right to opt out of the sale of your Personal Information, please visit our"Do Not Sell My Personal Information" page.
Enabling privacy controls on your browser (such as a plugin) is also treated as an opt-out request. You may also be able to opt out by interacting directly with the third-party partner by following the links provided under "Cookies and other tracking technologies," above.
Please note that your right to opt out does not apply to our sharing of Personal Information with Service Providers, as described above.
We may also disclose information to other entities who are not listed here when required by law or to protect DWT or other persons, as described in this Policy.
Right to Information Regarding Participation in Data Sharing for Financial Incentives
You have the right to be free from discrimination based on your exercise of your CCPA rights. DWT does not offer any rewards programs or incentives for the collection or sharing of data at this time.
Rights of Individuals Located in the EEA, Switzerland, or the UK
If you are located in the EEA, Switzerland, or the UK, you are entitled to certain rights, subject to applicable exceptions, under the GDPR, Swiss, and UK data protection laws. Please note that, in order to verify your identity, we may require you to provide us with information prior to accessing any records containing information about you.
We typically will process your information pursuant to the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services to you; or (3) as necessary for our legitimate interests in providing the Services where those interest do not override your fundamental rights and freedoms related to data privacy. We also may process your information where it is necessary to comply with a legal obligation to which we are subject.
Right of Access
You have the right to obtain confirmation as to whether we are processing personal data about you, and if so, request a copy of the personal data. If you would like a copy of the personal data that we hold about you, please send a description of the personal data you would like a copy of and proof of your identity to our email as set forth below.
Right to Correction
You have the right to correct any inaccuracies in the personal data that we hold about you and, where applicable, to complete any incomplete personal data that we hold.
Right to Erasure
You have the right to request that we erase the personal data that we hold about you if one of the conditions in Article 17 of the GDPR applies. The right to erasure does not apply in certain circumstances, including where the processing is necessary for the establishment, exercise, or defense of legal claims.
Right to Restriction of Processing
You have the right to restrict our processing of your personal data if one of the conditions in Article 18 of the GDPR applies.
Right to Data Portability
You have the right to receive personal data concerning you in a structured, common, and machine-readable format or request transmission of the data to a third party, if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other basis for processing exists, or if you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
Right to Object
You have the right to object to the processing of your personal data based on our legitimate interests at any time. We will no longer process the data, unless there are compelling legitimate grounds for our processing that override the interests, rights, and freedoms of the data subject, or the processing serves the purpose of asserting, exercising, or defending legal claims. You also have the right to object at any time to the use of your data for direct marketing.
Right to Withdraw Consent
If we are processing your personal data based on your consent, you have the right to withdraw your consent at any time.
Lodging a Complaint
Users that reside in the EEA, Switzerland, or the UK have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.
To submit a request to exercise your rights, please contact us at [email protected]. We may have a reason under the law why we do not have to comply with your request or may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
We may make changes to this Policy from time to time. We will post any changes here, and such changes will become effective when they are posted. Any material changes to the Policy will be published on our website. By your continued use of our Services, you consent to the terms of the revised Policy, where permitted by law.
For questions about our privacy practices, please send us an email at [email protected] or write to us at the address below:
Davis Wright Tremaine LLP
920 5th Avenue, Suite 3300
Seattle, WA 98104