Privacy Policy and Notice at Collection

This Privacy Policy and Notice at Collection describes how Wood Smith Henning & Berman (“Firm” or “We” or "WSHB") handles your personal information when you use our website or any other website or application (collectively the “Services”) we provide that posts a link to this Privacy Policy.

If you are employed by Wood Smith Henning & Berman, or you apply for a job with us, please review our Worker and Applicant Privacy Notice, which explains how we handle your Personal Data in that context.

This Privacy Policy does not cover information that is exchanged as part of an attorney-client relationship. Attorney-client relationships are governed by the terms of the engagement and the relevant laws and rules of professional responsibility that apply to the legal profession. For more information about the website and attorney-client relationships, see the Terms and Conditions posted on our website.

Information We Collect About You

WSHB collects personal information that you choose to provide through the website or other Services. For example, you may provide us personal information when you ask to be on our mailing list, request information or publications, or register for an event we are hosting. In that instance, the personal information may include name, address, telephone numbers, and other contact information.

You may generally browse our website without providing any personal information, but when you provide information it may include the following categories of information.

• Identifiers such as your name, postal address, email address, telephone number, bar number, signature, government‑issued identification number, account credentials (for example, your username), cookie IDs, and other similar online identifiers.
• Professional and educational information such as your current or past employers, job title, business contact information, information about the organization with which you are affiliated, practice area or industry focus, languages, and professional qualifications (for example, degrees, licenses, bar admissions, certifications, and professional memberships).
• Contact information and preferences such as your preferred methods of contact, how often you would like to receive our publications or other communications, your stated interests (for example, subject areas or industries you follow), and your meal, accessibility, or other preferences when you attend our events.
• Audio and visual information such as your voice or image captured in photos, video, or audio recordings when you visit our offices, attend our virtual or in‑person events, participate in webinars, or leave us a voicemail.
• Commercial information such as records of services you obtain from us (including when you interact with us on behalf of an organization).
• Usage information such as your IP address, device type, device ID, operating system and version, MAC address, browser type, and other technical details about the device you se to access our “Services” (usage information is defined further below).
• Internet or other electronic network activity information – such as your browsing history and search history on our websites, the pages you view, links you click, the content you access, how long you spend on certain pages, and your interactions with our emails and other online content.
• Geolocation Information such as the general region or approximate area from which you access our Services (for example, city, state, or country), derived from your IP address or similar technical data.

Automated Information Collection.

In addition to any information that you choose to submit to us via our Services, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with our Services (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your Device whenever you visit or interact with our web site. To the extent we associate Usage Information with your personal information we collect directly from you through our Services, we will treat it as personal information.

This Usage Information may include: 

• your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access our Services, and our computers identify your Device by its Device Identifier;
• your Device functionality (including browser, operating system, hardware, mobile network information);
• the URL that referred you to our Web site;
• the areas within our Web site that you visit and your activities there, including remembering you and your preferences;
• your Device location;
• your Device characteristics; and
• certain other Device data, including the time of day, among other information.

Tracking Technologies.

We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):

• Cookies. A cookie is a data file placed on a Device when it is used to visit our web site. HTML5 cookies can be programmed through HTML5 local storage.
• Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Services, to monitor how users navigate our Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
• Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with our Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to our Services and is deactivated or deleted thereafter.
• Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
• ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, and/or HTML5 cookies.
• Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).

Tracking Technologies Usage.

We may use Tracking Technologies for a variety of purposes, including:

• Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our web site, including cookies required to prevent fraudulent activity and improve security.
• Performance‑Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of our Services, including as part of our analytic practices or otherwise to improve the content, products or services offered through our Services.
• Functionality‑Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing our Services, including identifying you when you sign‑in to our web site or keeping track of our specified preferences, including in terms of the presentation of content on our web site.
• Targeting‑Related. We may use Tracking Technologies to deliver content relevant to your interests on our web site and third-party sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.

You may be able to set your browser settings to use our web site without cookie ‎functionality. Please note that if you block cookies, some website functions and Services may ‎be unavailable and we will not be able to present personally-tailored content and ‎advertisements to you. Your browser may provide you with some options regarding ‎cookies. For more detailed information about how to disable or administer your ‎cookie settings in your web browser, please refer to the applicable page for the ‎browser you are using:‎

• ‎Safari: http://help.apple.com/safari/mac/8.0/#/sfri11471 ‎
• ‎Google Chrome: https://support.google.com/chrome/answer/95647?hl=en ‎
• ‎Microsoft Edge / Internet Explorer: http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies
• ‎Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

You can withdraw your consent to allow for cookies, change your browser settings, ‎and delete the cookies already stored on your computer at any time. Please note ‎that if you delete, or choose not to accept, cookies, you may not be able to utilize ‎the features of the services on our web site to their fullest potential.

Turning off third-party cookies.  You can turn off certain third-party targeting/advertising cookies by visiting the ‎Network Advertising Initiative: https://optout.networkadvertising.org/?c=1 and by ‎visiting Google:‎ Google Analytics opt-out browser add-on - Analytics Help‎.‎

How We Use Your Information

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

• To provide our Services and communicate with you, for example, to respond to your inquiries; register you for and manage webinars or events; send you confirmations, updates, and administrative messages; and tailor our interactions with you based on your interests and preferences.
• For administrative, regulatory, and compliance purposes, for example, to operate, troubleshoot, and improve our Services and other digital properties; maintain and secure our systems; administer and enforce our agreements and policies; comply with legal and regulatory requirements (such as record keeping and reporting obligations, court orders, or regulatory inquiries); investigate suspected fraud or security incidents; and support litigation and other legal processes.
• To market and advertise our services, for example, to send you publications, alerts, newsletters, and event invitations; inform you about services or topics that may be relevant to you; measure engagement with our emails, events, and online content; and refine our marketing strategies in accordance with our professional obligations and applicable law. You may always opt out of marketing communications with us through our Contact Us section below.
• For other uses with your consent or as permitted by law, for example, when you specifically ask us to use your information in a certain way, when you opt in to particular programs or optional services, or when applicable law allows or requires us to use personal information for additional compatible purposes.
• To create de-identified or aggregated data, for example, to combine or transform identifiable information so it no longer identifies you, and then use that de-identified or aggregated information to analyze trends, improve our Services, develop new offerings, and support the other purposes described above, while applying appropriate safeguards as required by law.

Sharing Your Information

WSHB does not sell or rent personal information to third parties. We do not provide personal information we receive from you to third parties except to service partners providing marketing services to us, to information services providers maintaining our website and computer systems, and as may be required by law.

Pursuant to the Applicable State Privacy Laws the categories of personal information that we may share with third parties and or service providers for analytics purposes include:

• Identifiers;
• Usage Data;
• Electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with our Services; and Geolocation data.

Again, we have not sold those categories of information for monetary consideration, but we have disclosed those categories of information to third-party analytics providers in the preceding twelve months.

Third Party Websites

Our site contains links to other sites that may have different information practices. Visitors should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

Protecting Your Information

To protect your personal information, Wood Smith Henning & Berman maintains appropriate safeguards to avoid unauthorized disclosure. No systems or electronic data transmissions are completely secure, however, and we cannot guarantee that these measures will prevent a third party from unlawfully accessing this information. Our website is operated in the United States, so information submitted to our website will be transmitted to us in the United States. If you are located outside the United States, please note that in using the website you may be transferring your personal information to a country that does not have the same data protection laws as your home country.

Managing Your Information

Under certain data protection laws and regulations, you may have rights such as the right to:

• request a copy of personal information collected about you, or
• request that such personal information be corrected or deleted.

You can reach us about such requests using the contact information below. The rights under data protection laws and regulations have limits, however, and we may be entitled to decline the request or retain information under certain circumstances. Please see additional details below about privacy rights that may apply to you.

Additional Information about Our Processing of Your Personal Information

In this section we describe the rights you may have under certain state laws. Residents of California and certain other U.S. states may be entitled to certain rights under applicable U.S. state comprehensive privacy laws, including the California Consumer Privacy Act (“CCPA”).  Collectively these laws are referred to as the “Applicable State Privacy Laws.”

Our collection, use, and disclosure of personal information about individuals will vary depending upon the circumstances and nature of our interactions or relationship with such individual.  We collect identifiers, commercial information, professional and educational information, internet network activity data, geolocation data, sensory data, and other basic information about you as described in the section above entitled "Information We Collect About You." That section sets out in more detail the categories of personal information that we have collected and disclosed to others for a business purpose within the past twelve months. We collect these categories of personal information from the sources described in that section of the policy and for the purposes described in the section above entitled “Use of Your Information.” We disclose your information as described in the section titled “Sharing Your Information.”  Additionally:

• We do not sell the personal information of individuals, and we do not share personal information for the purpose of cross-context behavioral advertising.
• We will not use your personal information to train artificial intelligence models.
• We do not collect sensitive personal information (as defined by the CCPA) under these Services.
• We do disclose information with Google Analytics for limited purposes related to understanding our website traffic information. This information is not sold, but it may include the disclosure of identifiers, electronic network activity information, and geolocation data.

Your Privacy Rights under Applicable U.S. State Privacy Laws

In accordance with applicable law, you may have various privacy rights, as outlined below. If you would like to exercise your privacy rights, please Contact Us at any time as set forth below. We will process such requests in accordance with applicable laws and will not discriminate or retaliate against you for the exercise of any privacy rights granted to you by applicable law.

• Access to and portability of your personal information, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine readable format (also known as the “right of data portability”), (Note that in some jurisdictions you may also have the right to request more specific information in certain circumstances, which may include the right to know which third parties your personal information was disclosed to or specific information used, and decisions made, as part of certain profiling activities).
• Request correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information.
• Request deletion of your personal information.
• Request restriction of, or object to, or opt-out of our processing of your personal information where the processing of your personal information is based on our legitimate interest or for direct marketing purposes, including (i) the right to opt-out of the sharing of personal information for certain types of targeted or cross contextual advertising (however, we do not “share” your personal information for cross-context behavioral advertising), (ii) object to or restrict our use of or your sensitive personal information for certain purposes, (iii) opt out of the processing of your personal information that is based solely on automated decision making for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you, and (iv) opt-out of the sale of your personal information as the term “sell” is defined by applicable law (noting, however, that we do not “sell” your personal information as the term “sell” is traditionally understood).
• Withdraw your consent to our processing of your personal information. Please note that your withdrawal will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal.
• Appeal our decision or response to your request. To exercise your right to appeal, you can submit an appeal request using the same method used to submit your original request, including by Contacting Us. If you wish to file a complaint related to your appeal, please visit the website of your state’s data privacy regulator.
• Right to non-retaliation for exercising their rights under the CCPA. We do not and will not retaliate against individuals based on their exercise of rights under the CCPA or any other applicable privacy law.
• Lodge a complaint. While we are always willing and eager to listen and respond to your concerns about this Privacy Policy or our data practices, at any time you have the right to lodge a complaint with the data protection authority or other regulatory body in charge of enforcing data protection laws in your jurisdiction. If you would like to exercise any of these rights, please contact us as set forth in Contact Us below. We will process such requests in accordance with applicable laws.

• For yourself: To protect your privacy, we will take appropriate steps to validate your identity before acting on any request that would require us to disclose your personal information. You will be required to validate your email and may be asked to provide additional information if we need it to validate your identity or the authority of any agent you may be using to submit this request.
• On behalf of someone else: If you are an authorized agent submitting a rights request on behalf of an individual, we will ask you to submit information necessary for us to receive an authorization from the individual indicating that you have been authorized to submit their request and allowing us to authenticate their identity.

Opt-out Preference Signals and the Global Privacy Control

We recognize and honor opt-out preference signals (also known as a Global Privacy Control signal) to the extent required by applicable law. If we detect that your browser has sent a global privacy control using the “Global Privacy Control” (Global Privacy Control — Take Control Of Your Privacy), we will honor the signal.

Protecting the Privacy of Children

WSHB's website is not directed to children. If you are under the age of 18, please do not provide any personal information about yourself to us. Please contact us immediately if you discover that we have collected information from a minor.

Retention of Information

We keep personal information until no longer reasonably necessary for the purposes for which it was collected or other permitted use.

To determine the appropriate retention period, we consider factors such as the amount, nature, and sensitivity of the personal information collected, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process it, whether those purposes can be achieved by other means, and applicable legal requirements. If you would like to know more about the retention periods we apply to certain types of information, please Contact Us below.

Please note that in many cases we are required to retain all or part of your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, protect against fraudulent, deceptive, or illegal activity, or for other legitimate business purposes. 

Users Outside of the United States

If you are from a non-U.S. country, please be aware that the personal information you submit, including information provided through our Services, is being sent to a location in the United States. The data protection laws in the United States are likely different from those of the country in which you are located, and your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By providing such personal information through the Services, you are consenting to (and represent that you have authority to consent to), the transfer of such information to the United States for the uses and purposes described in this privacy policy. Without limiting the above, for the avoidance of doubt we do not have an establishment, or target ‎people, in the EEA or UK.

Contacting Us

If you have any questions about our privacy practices, please contact us at privacy@wshblaw.com or +1.310.481.7600.

Consent and Updates

Your use of our website means that you accept this Privacy Policy. Changes to this Privacy Policy will be posted on our website.