Effective Date: January 1, 2020
Accessibility for Those with Disabilities
PERSONAL INFORMATION WE MAY COLLECT
The Personal Information we collect about you depends on your interactions and engagement with us. We may collect the following types of Personal Information:
- Direct Identifiers such as your name, postal address, email address, phone numbers, birthdate, and unique personal identifiers. For certain forms of service we may require government-issued identification information (such as your social security number, visa and passport information).
- Personal Records such as your signature, financial account information and insurance policy numbers (particularly if we are assisting you in a financial matter), payment card information (for example, if you make payments to us directly), and any background information provided by you or collected by us as part of our business analysis, client onboarding, regulatory compliance checks and other related processes. We may also collect your location data (should you visit a McDermott office) including records of building and suite access and parking card use, and footage from workplace security cameras that indicate your location.
- Protected Characteristics such as your age, marital status, gender, and (where necessary to fulfil our legal obligations or to provide you with a requested service) medical information and disability information.
- Commercial Information such as records of personal property, and products or services purchased or obtained.
- Internet Usage Information such as records of your use of our website, mobile applications or other online services. This may include your online identifiers, account names and passwords, IP address, details of your device, operating system and browser, and other information as described in Section 4 of this policy.
- Geolocation Data such as information collected through your use of our mobile applications, including (i) the location of the mobile device or tablet derived from GPS or WiFi use and (ii) other information made available by a user or others that indicates the current or prior location of the user, such as geotag information in photographs. If you do not want us to collect such data from your device, please delete the App or disable the location setting on your device or tablet. Disabling the location setting may affect your ability to access and use our mobile applications. Please see Section 5 for more information on your choices with respect to geolocation data.
- Client Information including information provided to or made available to us by or on behalf of you, as well as information generated by us in the course of providing our services to you.
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
We collect, use and disclose Personal Information for all lawful purposes in the operation and conduct of our business.
How We May Collect Personal Information
Directly From You: We may collect Personal Information through your use of the Services (such as when you register with us, participate in surveys and questionnaires or subscribe to newsletters and blog updates), when you provide us Personal Information in the course of us providing you services and when you otherwise provide Personal Information to us both online and offline. We also may collect the Personal Information that you publish or display on public areas of the Services, such as one of McDermott’s blogs (collectively, « User Contributions« ). Your User Contributions are made publicly available at your own risk. We do not control the actions of third parties that access your User Contributions.
From Third Parties: We may collect Personal Information about you from third parties where such information is required for us to fulfil our legal obligations or to provide you with a requested service.
Through Gathering Service Usage Data, including for our Website and Apps: When you use the Services, including Apps, we and our vendors may collect the Internet Usage Information that is collected by most browsers or automatically through your device. When you download and use an App, we and our vendors may track and collect App data, including when you accessed our servers and what information has been downloaded via the App. We also collect Usage Data through our use of Data Collection Technology. For more information about how we use Data Collection Technology, including cookies, please review Section 4; for more details on your choices please see Section 5. Where Usage Data includes Personal Information, or is combined with Personal Information, it will be treated as Personal Information itself – as described in Sections 2 and 3.
How We May Use Personal Information
- To carry out any applicable contractual obligations that we have to you or third parties;
- To verify your identity;
- To process payments that you make to us;
- To confirm registrations, respond to your inquiries or fulfill your requests – such as to register you for a seminar or to email you materials you requested;
- To send you information, such as legal updates and event announcements, that we think may interest you;
- To enable you to provide us with further information;
- If you contact us through the Services or through other methods both online and offline, to keep a record of your contact information and correspondence to use when responding to you;
- To notify you about important information regarding changes to our terms, conditions and policies;
- To analyze use of the Services to help us detect problems, identify usage trends and improve user experience; and
- To protect against fraudulent or illegal activity.
How We May Disclose Personal Information
We may disclose your Personal Information for the following reasons and to the following categories of third parties:
- With your consent. We may disclose your Personal Information to any party for whom your consent has been provided.
- To our vendors. We may disclose your Personal Information to third-party vendors that support our operations such as internet service providers, data analytics providers, external consultants, advertising networks, operating systems and platforms, and vendors that facilitate registering and hosting webcast and live events.
- In relation to a corporate transaction. We may disclose and transfer your Personal Information if we are involved in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control (whether in whole or in part), including negotiation and diligence of such transaction.
COOKIES AND OTHER DATA COLLECTION TECHNOLOGY
We refer to cookies, web beacons (also known as pixel tags and clear GIFs) and other similar technology as « Data Collection Technology. »
A cookie is a small text file that is sent to or accessed from your web browser or your computer’s hard drive. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the « lifetime » of the cookie (when it expires), and a randomly generated unique identifier. A cookie may also contain information about your computer, such as user settings, browsing history and activities conducted while using the Services.
A web beacon (also called a pixel tag or clear GIF) is a piece of computer code that enables us to monitor user activity and website traffic.
To learn more about cookies and web beacons, visit www.allaboutcookies.org.
How We Use Data Collection Technology: Data Collection Technology helps us improve your experience of the Services. In particular, we use analytics cookies to compile statistics about the use of the Services, help us analyze technical and navigational information about the Services and detect and prevent fraud. We also may use Data Collection Technology to collect information from the computer or device that you use to access the Services, such as your operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone in which your computer or device is located.
Additionally, we use analytics services, such as Google Analytics and Google Tag Manager, which use Data Collection Technology to analyze your use of our Website. For more information on Google’s privacy practices for Google Analytics, please visit https://support.google.com/analytics/answer/6004245. You may prevent Google Analytics from recognizing you on our Website by deleting or disabling the relevant cookies. For more information, see Section 5, « Your Choices ».
Marketing Emails: If you do not wish to receive marketing-related emails from us, please click the unsubscribe link at the bottom of a marketing email, or email us at email@example.com.
Geolocation data linked to App use: If you do not want us to collect such data from your device, please delete the App or disable the location setting on your device or tablet. Disabling the location setting may affect your ability to access and use our mobile applications.
Cookies and web trackers: Regular cookies generally may be disabled or removed using tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. The choices available, and the mechanism used, will vary from browser to browser. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or alert you when a cookie is placed on your computer or device. You may also be able to reject mobile device identifiers by adjusting the appropriate setting on your mobile device. Such browser settings are typically found in the « options, » « tools » or « preferences » menu of your browser. You may also consult your browser’s « help » menu. For more information, please visit www.allaboutcookies.org.
Please note that tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies or other tracking technologies. For information on disabling Flash cookies, visit https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html. Please be aware that if you disable or remove these technologies, some parts of our Website may not work and when you revisit our Website your ability to limit browser-based tracking technologies is subject to your browser settings and limitations.
Although you are not required to accept cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.
Our Policy on Do Not Track Signals: Some web browsers incorporate a « Do Not Track » (« DNT« ) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain Personal Information about the browser’s user. We follow the DNT signals we receive from your browsers.
SPECIAL NOTICE TO CALIFORNIA RESIDENTS
California residents have the privacy rights listed below with respect to their Personal Information.
California’s « Shine the Light » Law
California Civil Code Section 1798.83 permits individual California residents to request certain information regarding our disclosure of certain categories of Personal Information to third parties for those third parties’ direct marketing purposes. To make such a request, please contact us at firstname.lastname@example.org. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the email address above, or to the mailing addresses specified at the end of this notice.
California Consumer Privacy Act (« CCPA »)
- Collection, Use and Disclosure of Your Personal Information in the Past Twelve Months: In the past twelve (12) months, we have collected the categories of Personal Information detailed in Section 2 (Information We May Collect), from the sources and for the purposes listed in Section 3 (Collection, Use and Disclosure of Personal Information). In the past 12 months, we have disclosed the following categories of Personal Information for the purposes and to the parties identified in Section 3: Direct Identifiers; Personal Records; Internet Usage information; and (where necessary to fulfil our legal obligations or to provide the relevant clients with their requested services), Protected Characteristics; Commercial information; and Client Information. In the past 12 months, we have not sold Personal Information and we will not sell Personal Information in the future, as we understand the term « sell » based on the CCPA and its implementing regulations.
The CCPA grants California residents additional privacy rights with respect to their Personal Information. Please note that the CCPA provides certain exceptions with respect to the Personal Information of California employees, job applicants, owners, directors, vendors, suppliers and contractors. If you are a McDermott California employee, job applicant, partner or independent contractor or a vendor or supplier of McDermott, you may not have any or all of the privacy rights listed below in connection with Personal Information we have about you in the context of that relationship with you.
The CCPA privacy rights include:
- Request to Know: You have the right to request to know (i) the specific pieces of Personal Information that we collected about you; (ii) the categories of Personal Information that we collected about you in the past twelve (12) months; (iii) the categories of sources from which that Personal Information was collected, (iv) the categories of your Personal Information that we sold or disclosed in the past twelve (12) months; (v) the categories of third parties to whom your Personal Information was sold or disclosed in the past twelve (12) months; and (vi) the purpose for collecting and selling your Personal Information in the past twelve (12) months. You may exercise your right to request to know twice a year, free of charge.
Please note, in response to a request to know, we are prohibited from disclosing your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password or security questions and answers.
- Request to Delete: You have the right to request that we delete the Personal Information that we collect from you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or to complete a transaction for which your Personal Information was collected. If we are unable to fulfill your request for deletion, we will let you know the reason why.
- Right to Non-Discrimination: If you choose to exercise any of your rights under the CCPA, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of the Services.
Exercising Your Rights Under The CCPA
To make a request to know or request to delete, please contact us at 1-888-598-1660 or submit a consumer request at our web portal: https://www.mwe.com/legal/california-privacy-requests/.
Only you or your authorized agent may submit a consumer request. You may submit a consumer request on behalf of your minor child. In order to respond to your consumer request, we will take steps to verify your identity before processing your request. To the extent possible, we will use our existing account authentication practices to verify your identity. Where necessary, we may request additional information about you so that we can verify your identity. Where we did not already hold that information, we will use it only for the purpose of verifying your identity and to process your request. If we cannot verify your identity based on the information provided, we will let you know that we are unable to fulfil your request.
Please note that if we maintain your Personal Information on behalf of a third party, we may need to refer you to that third party in order to respond to your request. If we cannot comply with your request, or with part of your request, we will explain the reasons in our response.
You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both you and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
LINKS TO OTHER WEBSITES AND SERVICES
NOTICE TO INTERNATIONAL VISITORS
We take reasonable precautions intended to help protect the Personal Information that we collect and store; however, no system or online transmission of data is completely secure. We cannot guarantee the security of information transmitted to or through the Services. Any transmission is at your own risk. Please use security measures to protect your Personal Information.
The Services are not directed to or intended for use by minors. Consistent with the requirements of the US Children’s Online Privacy Protection Act, if we learn that we have received information directly from a child under age 13 without his or her parent’s or legal guardian’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Services. Subsequently, we will make commercially reasonable efforts to delete such information.
QUESTIONS OR COMMENTS
McDermott Will & Emery LLP
Attn: Andrew Pope, C/O Sally Rosenberg
500 N. Capitol Street, NW
Washington, DC 20001
By Email: email@example.com