Global Privacy Policy

Global Privacy Policy

Kramer Levin Naftalis & Frankel LLP (“Kramer Levin,” “we,” “the firm”) is committed to protecting your privacy. We are pleased to provide this Privacy Notice to inform you of the personal data or personal information (“Personal Information”) we may collect from you or other sources and how we may use, share, or process that information. If you have any questions or comments about the Privacy Notice or our privacy practices, please contact us at privacy@kramerlevin.com.

This Privacy Notice describes the ways Kramer Levin processes Personal Information that we receive (i) in the course of our operations and providing legal services involving current, prospective and former clients (collectively, “Clients”); (ii) from visitors and guests to our offices or our websites, blogs, social media pages and mobile applications (collectively, the “Site”); (iii) from partners, employees, or prospective employees in connection with applications for employment or partnership (“Employees”); and (iv) in the course of interactions with our current, prospective and former suppliers, vendors and subcontractors (collectively, “Suppliers”). All individuals or third parties who process Personal Information on behalf of Kramer Levin are expected to adhere to this Privacy Notice.

Click on one of the links below to jump to the listed section:

Collection and Use of Personal Information

Cookies and Other Tracking Technologies

Sharing of Personal Information

Protection of Information

Retention

Children’s Privacy on the Site

Links to Third Party Sites

Privacy Rights for Residents of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia

Privacy Rights for Residents of the European Economic Area or the United Kingdom

Cross-Border Transfer

Changes to this Privacy Notice

Collection and Use of Personal Information

The types of Personal Information we may collect and process depend on the nature of the relationship you have with Kramer Levin and the requirements of applicable law. Listed below are some of the types of Personal Information we may collect and some of the ways we use it.

Clients: The Personal Information we may collect from or on behalf of our Clients includes information such as title, name, address, phone number, email address, business or company affiliation (“Contact Information”), username and answer to a security question and password (if you have access to any of our secure online resources or mobile applications), government identification, credit card and other financial information related to payments for services or goods, agreements executed with Kramer Levin, and other details Clients may provide. In certain Client engagements, we may collect employee and other information from our Clients, as well as employee or other Personal Information of others who have a relationship or otherwise interact with our Clients (e.g., in the context of Client investments, mergers, acquisitions or disputes).

We may also collect a wide range of Personal Information from Clients, adversaries and/or third parties in the course of providing legal services, such as in connection with due diligence or discovery, including financial information, government identification, the contents of emails or messages, and information that may reveal sensitive Personal Information such as race, ethnicity, religious beliefs, union membership, sexuality, health status and genetics. Our collection and processing of such Personal Information is subject to our ethical obligations. In many circumstances, such information is also protected by appropriate court orders, confidentiality agreements and/or other contractual obligations.

We process Personal Information about or on behalf of Clients for a variety of business purposes, including but not limited to:

• Providing legal services
• Managing Client information
• Responding to questions and requests
• Providing access to certain areas and features of the Site
• Verifying Client identity
• Communicating about Client accounts and activities on the Site and systems
• Tailoring content, advertisements and offers we believe may be of interest to Clients
• Processing transactions and payment for services provided to Clients
• Improving the Site and systems
• Developing new services
• Further purposes disclosed at the time Clients provide Personal Information, or otherwise with consent

Office Visitors: If you visit a Kramer Levin office, we may collect Personal Information about you, including but not limited to Contact Information, government identification, and other details you provide. We process this information for a variety of purposes, including to manage your visit; to verify your identity; to provide access to Kramer Levin facilities and systems; for security and other safety purposes; to communicate with you regarding your visit; to provide information we believe may be of interest to you; for purposes disclosed at the time a visitor provides Personal Information; or otherwise with consent.

Suppliers: The data Kramer Levin collects from our Suppliers relates to the management of Supplier relationships and the exchange of requested products and services. This may include Contact Information, invoicing and other payment information, and agreements executed with Kramer Levin.

We process Personal Information about Suppliers for a variety of business purposes, including but not limited to:

• Managing Supplier information
• Responding to questions and requests
• Providing access to certain areas and features of the Site
• Verifying Supplier identity
• Communicating about Supplier accounts and activities on the Site and systems
• Processing payment for products or services provided to Kramer Levin
• Improving the Site and systems
• Developing new products, processes and services
• Processing applications and transactions
• Further purposes disclosed at the time Suppliers provide Personal Information, or otherwise with consent

Careers: You may submit your resume and other information to apply for a job with Kramer Levin. We use the information you submit solely for the purposes of considering applications and recruitment (and for purposes of our administration or management if you commence work) and not to market to you.

Our Employees and Contractors: We collect standard employee-related data from our Employees for purposes such as to run payroll, to provide HR services, to administer our business, and to fulfill our legal and reporting obligations. The Personal Information we collect from our Employees and contractors may include Contact Information, professional affiliation, username and answer to a security question or password, government identification, credit card and other financial information, citizenship, health data, precise geolocation of the Employee or contractor through their devices used for work, military or veteran status, and the contents of mail, email or texts. We may also collect Employee information related to race or ethnicity; sexuality or sexual orientation; and health and military or veteran status for the purposes of complying with our legal diversity reporting obligations, for some Clients that request Diversity, Equity and Inclusion (DE&I) statistics, and for the purposes of reporting to law schools, legal career guides and entities that provide law firm certifications and awards.

Publications and Email Alerts: On the Site, you may choose to receive publications and email alerts from Kramer Levin. We may ask you for Contact Information and for you to identify publications of interest. We use the information you provide to send the requested communications and to communicate with you about other topics we believe may be of interest to you. We offer you the option to decline these communications at no cost.

Blogs: You may subscribe on the Site to receive an information feed or emails from Kramer Levin blogs. We use this information to send you the requested communications and to communicate with you in connection with our blogs. You may also be able to submit comments to Kramer Levin blogs that include Personal Information, such as your name and email address, with your comment. We may use your name to identify you as a commenter on our blogs.

Mobile Applications: Kramer Levin offers an Advertising Litigation Report mobile application (the “Ad Lit App”) and an Events mobile application (the “Events App”; together, the “Apps”). The Ad Lit App contains select reporting on general legal issues and developments in advertising litigation. The Events App allows users to register for Kramer Levin-sponsored events and create individual profiles. If you register for the Apps, we ask you for Contact Information and a password. Events App users can choose to create a profile, and can choose to upload a photograph of themselves and/or make their profile visible to other Events App users. We will also collect information on the content with which you interact, including the content you access and bookmark. We use the information you provide for marketing purposes and to tailor publications, direct advertisements and offers we believe may be of interest to users of the Apps. We may send optional feedback surveys to Events App users. We only use Personal Information for our direct marketing; we do not perform targeted or cross-context behavioral advertising.

Social Media: Social media resources include but are not limited to social networks, discussion boards, bulletin boards, blogs, wikis, and referral functions to share website content and tools with a friend or colleague. We may collect information that you make publicly available through social media resources. We may use this information for a variety of business purposes, including for business development.

Contact Us: You may communicate with us through the “Contact Us” link on our Site or the Apps. If you choose to contact us via the Site or Apps, we may ask you for Contact Information so we can respond to your questions and comments. We also may use the information you provide for the purpose of communicating with you about topics we believe may be of interest to you.

Email Communications: When you engage in email communications with any Kramer Levin employee, we may retain records of your Contact Information and those emails, including any Personal Information contained therein.  We may also retain information about whether you open any emails, attachments or links that we send to you. We may use this information for a variety of business purposes, including for business development and to provide legal services.

Telephone Communications: When you engage in telephone communications with Kramer Levin, our partners or employees, including through firm-owned mobile devices, we may retain and process information regarding that telephone communication, such as your telephone number and the date, time and duration of the call. We may use this information for a variety of business purposes, including but not limited to providing legal services and responding to questions and requests.

Event Registration: You may register for Kramer Levin-sponsored events, including through the Events App (as described above). You may provide us with Contact Information when registering for an event. We use this information to register you for the event and to contact you about event updates. We also may use the information for the purpose of communicating with you about other events and topics we believe may be of interest to you. We only use Personal Information for our direct marketing; we do not perform targeted or cross-context behavioral advertising.

Password-Protected Extranet: We may grant you access to web-based platforms hosted by third parties that are password protected in order, for example, to obtain access to documents for the purpose of providing you with our legal services. You may provide us with your Contact Information, as well as comments and messages, when accessing and using these password-protected platforms. We will not use this information to market to you. Please see the section of this Privacy Notice titled “Links To Third Party Sites” below for further information.

Aggregate Information: From time to time, we may collect and monitor other information about the use of the Site, such as the number and frequency of visitors to our Site. This information may include the websites that you access immediately before and after your visit to the Site, the browser and operating system you are using, your Internet Protocol (IP) address, host name, device type, geographic data, and screen resolution. We collect this information for the purpose of determining which areas of the Site are most popular and to help us develop and improve our Site. We may group this information into aggregate visitor data in order to describe the use of and preferences on the Site. However, we do not use this aggregate data to personally identify you or any other visitors to the Site.

Cookies and Other Tracking Technologies

When you visit our Site, we collect certain information by automated means to help us improve our Site and provide customized services and information. Like many companies, we collect this information through the use of “cookies” and other tracking technologies. Cookies are small text files that are downloaded to your computer’s memory and hard drive when you visit certain websites. We may use cookies to collect information about website activity or to tell us whether you are an existing or new visitor to our Site. We may use other online tracking technologies to record information such as your IP address, browser software and operating system, host name, referring site, clickstream data, device type, geographic data, and dates and times that our Site is accessed. We may share this information with third parties, including Google Analytics, in order to receive information on Site usage and for marketing purposes, although IP addresses are anonymized before being sent to Google Analytics.

We require your consent to use optional cookies or other technologies that would track your personal data. If you wish to restrict, block or delete the cookies that are set by our Site, you can do so using your browser settings. For more information on how to manage cookies, you may choose to visit unaffiliated third-party websites, such as https://allaboutcookies.org/how-to-manage-cookies. Please note that some features of the Site may not function properly or may be slower without cookies.

It is not our practice to link the information we record using cookies or other tracking technologies to any Personal Information you submit through the Site. However, we reserve the right to use cookies and other tracking technologies to identify a visitor, for example, when we believe it is necessary to protect the Site, our visitors, Clients or other third parties, to protect our rights or defend against a claim relating to us; or when we believe that the law requires it.

Global Privacy Controls (“GPCs”): GPCs (also called “Universal Opt-Out Mechanisms”) are browser signals that indicate a user’s intent to opt out of some uses of their Personal Information on websites they visit. If our Site recognizes that your browser is expressing a GPC, we will treat it as a request to opt out of the sharing of your Personal Information and limit the use of your sensitive Personal Information collected by our Site. However, we never sell your Personal Information or use it for targeted or cross-context behavioral advertising. Our Site does not respond to “do not track” signals.

In some cases, we may not be able to link the GPC of your browser to other Personal Information that we may have collected from you by other means. To express your intent to opt out of our processing of Personal Information that we may have collected from you, other than from your browsing our Site, please see the sections titled “Privacy Rights for Individuals Located in the European Economic Area or the United Kingdom” and “Consumer Privacy Rights for Residents of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia” below.

Information From Third-Party Sources: Kramer Levin may collect information about you from third-party sources to supplement information provided by you. This supplemental information allows us to verify or supplement information that you have provided to Kramer Levin and to enhance our ability to provide you with information about our business and services, and it is used for that purpose. Kramer Levin’s agreements with these third parties typically limit how we may use this supplemental information.

Sharing of Personal Information

Kramer Levin does not sell, rent, trade or otherwise disclose Personal Information, except as described in this Privacy Notice or as you expressly consent. We may share your information with third-party service providers we have retained to perform services on our behalf to help with our business activities. These service providers are not authorized by us to use or disclose such information except as necessary to perform services on our behalf or to comply with legal requirements. We do not use your Personal Information to perform targeted or cross-context behavioral advertising.

We may disclose information about you, including your Personal Information, (i) if we are required to do so by law, court order or legal process; (ii) in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) under the discovery process in litigation or arbitration, or the diligence process; (iv) to enforce Kramer Levin policies, contracts or other rights; (v) to collect amounts owed to Kramer Levin; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if in good faith we believe that disclosure is otherwise necessary or advisable.

In addition, from time to time, server logs may be reviewed for security purposes. In such cases, server log data containing IP addresses may be shared with law enforcement bodies so that they may identify users in connection with their investigation of the unauthorized activities.

We reserve the right to disclose or transfer any information we have about you, including your Personal Information, in the event of a proposed or actual reorganization, sale, lease, merger, joint venture, assignment, amalgamation or any other type of acquisition, disposal or financing of all or any portion of Kramer Levin or of any of our assets (including should Kramer Levin cease to exist, become insolvent or enter into receivership or should any similar event occur). Should such an event take place, we will endeavor to direct the transferee to use Personal Information in a manner that is consistent with this Privacy Notice.

Protection of Information

Kramer Levin takes reasonable and appropriate steps to protect the Personal Information you share with us from unauthorized access or disclosure. Kramer Levin uses administrative, technical and physical safeguards designed to protect your Personal Information, including for example, in certain situations and contexts: secure VPN connections; multifactor authentication; physical access restrictions; confidentiality designations; written information security plans; employee cybersecurity training; cybersecurity testing; vendor risk management; and data minimization and erasure processes. While we strive to protect your Personal Information and privacy, no data transmission or storage is 100% safe. Kramer Levin cannot guarantee or warrant the security of any information disclosed or transmitted to us and cannot be responsible for the theft, destruction or inadvertent disclosure of your Personal Information.

Retention

Kramer Levin will retain the Personal Information we receive as described in this Privacy Notice for as long as necessary to fulfill the legitimate business purpose(s) for which it was collected, taking into account the business needs and efficiencies related to providing our services and products, resolving disputes, establishing legal defenses, conducting audits, enforcing our agreements, complying with applicable laws, statutes of limitation and records retention requirements, and in accordance with our routine information storage policies.

Children’s Privacy on the Site

The Site is not intended for use by children under the age of 16. We do not knowingly collect Personal Information from anyone under 16 years of age through the Site. If you are under 16, please do not submit any Personal Information on the Site.

Links To Third Party Sites

For your convenience, we may provide links to websites and web-based platforms owned and operated by third parties. Kramer Levin does not control such third party websites and platforms or the content thereof. Your access to and use of such websites and platforms is governed by the terms of use and policies of those websites and platforms and shall be at your own risk. Kramer Levin is not responsible for the privacy practices of these other websites and platforms and cannot guarantee the security of any information collected by them.

Privacy Rights for Residents of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia

If you are a resident of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia, you have certain rights regarding the use of your Personal Information. This section of the Privacy Notice describes those rights.  You can exercise these rights by following the instructions on the form found here or by sending an email to privacy@kramerlevin.com.

(1) The right to notice that Personal Information will be collected:

You have the right to request certain information about our collection and use of consumers’ Personal Information over the past 12 months. The categories of information that we have collected from consumers in the past 12 months, and may collect from you, are listed below along with the general sources of that information, the purposes for which we collect it and the types of third parties to whom we have disclosed it. We generally update this information at least once every 12 months.

For all of the categories listed in this section: (i) we do not sell your Personal Information or use it for targeted or cross-context behavioral advertising; (ii) we do not create profiles on individuals that produce legal or similarly significant effects; and (iii) we keep your Personal Information for the time period necessary to achieve the legitimate business purposes outlined in this Privacy Notice, taking into account the business needs and efficiencies related to providing our services and products (such as resolving disputes, establishing legal defenses, conducting audits and enforcing agreements), the applicable statute of limitation periods and the records retention requirements under applicable law.

Identifiers (such as a name, postal or email address, IP address, account name, Social Security number, driver’s license number, or passport number):

• Purposes of processing: We may collect this information for a variety of purposes, including but not limited to providing legal services, analyzing legal claims, managing Client information, managing our employees and applicants, and responding to requests. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information directly from you, in the course of providing legal services (for example, through discovery or due diligence), from public records or other government entities, or from other third parties, including as described above.
• Sharing: In the past 12 months, we may have disclosed information in this category to service providers (e.g., document processors, IT support); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); to courts and/or other government entities; and to social media and marketing outlets.

Personal Information categories listed in Cal. Civ. Code § 1798.80(e) (such as your name, signature, Social Security number, physical characteristics, address, telephone number, passport number, driver’s license, employment history, financial information, medical information or health insurance information):

• Purposes of processing: We may collect this information for a variety of purposes, including providing legal services, analyzing legal claims, managing Client information, managing human resources for our employees and responding to requests. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information directly from you, in the course of providing legal services (for example, through discovery or due diligence), from public records or other government entities, or from other third parties, including as described above.
• Sharing: In the past 12 months, we may have disclosed information in this category to service providers (e.g., document processors, IT support); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

Protected classification characteristics under California or federal law (such as age, race, ancestry, citizenship, religion, marital status, medical condition, gender identity or expression, pregnancy or childbirth, sexual orientation, veteran or military status, or genetic information):

• Purposes of processing: We generally do not collect this type of information unless it directly relates to a legal claim or defense, a legal service we provide or for employment purposes including reporting DE&I statistics. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information directly from you or in the course of providing legal services (for example, through discovery or due diligence).
• Sharing: In the past 12 months, we may have disclosed information in this category to service providers (e.g., document processors, IT support, benefits and payroll); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); to prospective or current Clients who request aggregated DE&I statistics; and to courts and/or other government entities.

Commercial information (such as records of personal property, products or services purchased or considered, or other purchasing or consuming histories or tendencies):

• Purposes of processing: We may collect this information for a variety of purposes, including providing legal services, analyzing legal claims and managing Client information, especially in the course of providing legal services related to real estate or trusts and estates. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information directly from you, in the course of providing legal services (for example, through discovery or due diligence), from public records or other government entities, or from other third parties, including as described above.
• Sharing: In the past 12 months, we may have disclosed information in this category to service providers (e.g., document processors, IT support); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

Biometric information (such as fingerprints, faceprints, voiceprints, or other physical patterns, and sleep, health or exercise data):

• Purposes of processing: We generally do not collect this information unless it directly relates to a legal claim or defense or a legal service we provide. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: In rare cases we may collect this information directly from you or in the course of providing legal services (for example, through discovery or due diligence).
• Sharing: In the past 12 months, we may have disclosed information in this category to service providers (e.g., court reporters, document processors); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

Internet or other similar network activity (such as browsing history or a consumer’s interaction with a website, application or advertisement):

• Purposes of processing: We may collect this information for a variety of business purposes, including providing legal services, analyzing legal claims, improving our Site (e.g., tracking page visits); for IT support and maintenance; preserving our rights and legal defenses (e.g., investigating fraud); and securing our Site (e.g., preventing hacking or misuse). Please refer to the sections above titled “Collection and Use of Personal Information” and “Cookies and Other Tracking Technologies” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information directly from you through your internet use or, in rare cases, in the course of providing legal services (for example, through discovery or due diligence).
• Sharing: In the past 12 months, we may have disclosed information in this category to service providers (e.g., IT support; web conferencing); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

Geolocation data (such as a person’s physical location or movements):

• Purposes of processing: We may collect this information for a variety of business purposes, including providing legal services, analyzing legal claims, improving our Site (e.g., tracking page visits); for IT support and maintenance; preserving our rights and legal defenses (e.g., investigating fraud); and securing our Site (e.g., preventing hacking or misuse). We also have the ability to collect the locations of our employees’ laptops or other devices issued and/or used for work, for the purpose of ensuring device security. Please refer to the sections above titled “Collection and Use of Personal Information” and “Cookies and Other Tracking Technologies” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information from you through your internet use or, in rare cases, in the course of providing legal services (for example, through discovery or due diligence).
• Sharing: In the past 12 months, we may have disclosed information in this category to service providers (e.g., IT support, web conferencing); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

Sensory data (such as any audio, electronic, visual, thermal or similar information):

• Purposes of processing: We may collect this information in order to provide legal services to Clients, including from depositions, hearings, trials or other legal proceedings that are filmed or transcribed. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information directly from you or in the course of providing legal services (for example, through discovery or due diligence).
• Sharing: In the past 12 months, we may have disclosed information in this category to service providers (e.g., deposition vendors, IT support); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

Professional or employment-related information (such as job history or performance evaluations) and Nonpublic education information (such as grades, transcripts, student financial information or disciplinary records):

• Purposes of processing: We may collect this information for a variety of business purposes, including providing legal services, analyzing legal claims, considering applications for employment and recruitment, for job performance evaluations or promotions, or to develop business for future legal services. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information directly from you, in the course of providing legal services (for example, through discovery or due diligence), from public records or other government entities, or from other third parties, including as described above.
• Sharing: In the past 12 months, we may have disclosed information in this category to service providers (e.g., document processors, IT support); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

Inferences drawn from other Personal Information (such as a profile reflecting a person’s preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, abilities or aptitudes):

• Purposes of processing: We generally do not collect this type of information. To the extent this information is collected, it is done only as part of providing legal services to Clients or analyzing legal claims, and not to market to you. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information directly from you or in the course of providing legal services (for example, through discovery or due diligence).
• Sharing: In the past 12 months, we have only disclosed information in this category, if at all, if such information was part of providing our legal services, and then we may have disclosed it to service providers; in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

Sensitive Personal Information

The categories of sensitive Personal Information we may collect from you, and that we have collected from consumers in the past 12 months, are listed below along with the purposes for which we collect this information.

For all of the categories listed in this section: (i) we do not sell your Personal Information or use it for targeted or cross-context behavioral advertising; (ii) we do not create profiles on individuals using automated means that produce legal or similarly significant effects; and (iii) we keep your Personal Information for the time period necessary to achieve the purposes outlined in this Privacy Notice, taking into account the business needs and efficiencies related to providing our services and products (such as resolving disputes, establishing legal defenses, conducting audits and enforcing agreements), the applicable statute of limitation periods and the records retention requirements under applicable law. We will delete this information upon request from you, unless one of the purposes described herein prevents us from doing so.

Social Security, driver’s license, state identification card, or passport number:

• Purposes of processing: We may collect this information for a variety of business purposes, including providing legal services, analyzing legal claims, managing Client information, managing human resources for our employees and responding to requests. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information directly from you, in the course of providing legal services (for example, through discovery or due diligence), from public records or other government entities, or from other third parties, including as described above.
• Sharing: In the past 12 months, we may have disclosed information in this category to service providers (e.g., document processors, IT support); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

Precise geolocation:

• Purposes of processing: We generally do not collect this type of information unless it directly relates to a legal claim or defense or to a legal service we provide, or as it can be derived from the location of our employees’ devices such as laptops, mobile phones or tablets. The purposes for processing this information include providing legal services, administering our business and performing IT functions on our employees’ devices. Please refer to the sections above titled “Collection and Use of Personal Information” and “Cookies and Other Tracking Technologies” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information from our employees through the use of their devices or, in rare cases, in the course of providing legal services (for example, through discovery or due diligence).
• Sharing: In rare cases, we may disclose information in this category to service providers (e.g., IT support); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

Racial or ethnic origin, citizenship, sex life, sexual orientation, status as transgender or nonbinary, or health or medical information:

• Purposes of processing: We generally do not collect this type of information unless it directly relates to a legal claim or defense, a legal service we provide, or employment, applications, and providing human resources assistance to our employees. The purposes for processing this information include providing legal services, administering our business, reporting employee DE&I statistics to government entities or Clients who request such information about our employees, and reporting such employee statistics to legal industry publications. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We collect this information directly from you, in the course of providing legal services (for example, through discovery or due diligence), from public records or other government entities, or from other third parties, including as described above.
• Sharing: We may disclose this information with the following categories of third parties: service providers (e.g., insurance companies); and in connection with providing legal services (e.g., to counsel for parties not represented by us; expert witnesses; vendors (including e-discovery vendors); courts and/or other government entities).

Religious or philosophical beliefs; Status as a victim of a crime; Genetic data:

• Purposes of processing: We generally do not collect this type of information unless it directly relates to a legal claim or defense, or to a legal service we provide. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: In rare cases, we may collect this information in the course of providing legal services (for example, through discovery or due diligence).
• Sharing: In rare cases, we may disclose information in this category in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

The contents of your mail, email and text messages where we are not the intended recipient:

• Purposes of processing: We generally do not collect this type of information unless it directly relates to a legal service we provide. For example, we may receive it as part of discovery or while performing investigations.  We collect this Personal Information for a variety of business purposes, including providing legal services, analyzing legal claims, managing Client information, managing our employees and responding to requests. Please refer to the section above titled “Collection and Use of Personal Information” for a description of processing purposes that may vary based on our relationship with you.
• Sources: We may collect this information directly from you, in the course of providing legal services (for example, through discovery or due diligence), or from other third parties, including as described above.
• Sharing: In the past 12 months, we may have disclosed information in this category to service providers (e.g., document processors, IT support); in connection with providing legal services (e.g., to counsel for parties not represented by us or expert witnesses); to vendors (including e-discovery vendors); and to courts and/or other government entities.

Your account login combined with a password:

• Purposes of processing: We only collect this information for access to our secure online resources or mobile applications, or from our employees for access to our systems. We do not collect any other account access or password information.
• Sources: We collect this information directly from you.
• Sharing: In rare cases, we may disclose information in this category to service providers (e.g., IT support).

We do not collect any sensitive Personal Information revealing your union membership; your biometric information for identification purposes; or your financial account, debit card or credit card number combined with any required security or access code, password, or credentials allowing access to an account. We also do not collect Personal Information of children.

(2) The right to know what Personal Information has been collected, sold or disclosed for a business purpose, and to whom it was sold or disclosed:

You have the right to know what Personal Information we have collected about you in the past 12 months. Once we receive, confirm and verify your request, we may disclose to you:

• The categories of Personal Information we’ve collected about you
• The categories of sources for the Personal Information we’ve collected about you
• Our business or commercial purpose for collecting and/or selling that Personal Information
• The categories of Personal Information that we’ve shared with third parties
• The categories of third parties with whom we’ve shared that Personal Information
• The specific Personal Information we’ve collected about you

We do not sell the Personal Information of any consumer or share it for targeted or cross-context behavioral advertising, including consumers under the age of 16 (please refer to the section above titled “Children’s Privacy on the Site”).

Pursuant to state privacy laws, we may deny your request, in whole or in part, including but not limited to in order to comply with federal, state or local laws, regulatory inquiries, investigations, subpoenas or summonses, or to prevent disclosure of information that we are otherwise legally prohibited from disclosing (“Regulatory Exceptions”). In the event that we deny your request, in whole or in part, we will inform you of the basis for its denial.

(3) The right to opt out of the sale or sharing of Personal Information and profiling: 

You have the right to direct companies not to sell your Personal Information and to opt-out from a company sharing your Personal Information for targeted or cross-context behavioral advertising. Except for Utah residents, you also have the right to opt-out from a company processing your Personal Information by automated means for profiling in furtherance of decisions that produce legal or similarly significant effects. We do not sell your Personal Information, share it for the purposes of targeted or cross-context behavioral advertising, or use it to create automated profiles of you that produce legal or similarly significant effects.

 (4) The right to have your Personal Information deleted:

You have the right to request that we delete any of your Personal Information that we collected, subject to certain exceptions. Once we receive, confirm and verify your consumer request, we may delete (and direct our service providers to delete) your Personal Information from our records, unless Regulatory Exceptions apply.

(5) The right to correct your Personal Information:

You have the right to request that we correct inaccuracies in the Personal Information that we maintain about you. In responding, we may consider the nature of the personal data, the purposes for processing it and the totality of the circumstances.

(6) The right to limit the use of sensitive Personal Information or withdraw consent to such use:

California residents have the right to request that we limit the use of their sensitive Personal Information. Utah residents have the right to opt out of a business processing their sensitive Personal Information. Residents of Colorado, Connecticut, Montana, Oregon, Texas, and Virginia have the right to not consent, or withdraw consent, to the processing of their sensitive Personal Information.

(7) The right to data portability:

You have the right to request a copy of the Personal Information that we maintain about you in a commonly used, easily readable format, subject to Regulatory Exceptions. 

(8) The right to nondiscrimination as a result of exercising these rights. 

Finally, you have the right to be protected from discrimination as a result of exercising your rights under these privacy laws. For example, as a result of you exercising these rights, we will never deny you goods or services, charge you different prices or rates, or provide you a different level or quality of goods or services.

If you believe we have violated any of your rights listed in this Privacy Notice, please contact us by sending an email to privacy@kramerlevin.com or by writing us at:

Kramer Levin Naftalis & Frankel LLP
Attn: Jeffrey W. Davis, General Counsel
1177 Avenue of the Americas
New York, NY 10036

Exercising your rights as a resident of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia:

If you are a resident of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia and would like to make a request pursuant to any of the rights described in this section, you may do so by following the instructions on the form found here.

Alternatively, you may make the same request by calling 833.422.7117.

In order to protect your Personal Information, we are required to verify that any person making a request under this section is in fact you or your authorized agent. In order to verify the identity of the person making a request, we may ask you to provide the following information: full name, organization name, email or mailing address, phone number, and your Kramer Levin lawyer or staff contact. We will use this information only for the purposes of verifying that your request is authentic.

Once we receive your request, we will respond within 10 business days and inform you if we need any more information in order to verify your request. We will provide the information you requested within 45 days of your request. If we require more than 45 days to respond to your request, we will inform you of the reasons why. For requests from California consumers to opt out from the sale or sharing of Personal Information for the purposes of cross-context behavioral advertising, or requests to limit the use of sensitive Personal Information, we will respond within 15 days.

We do not charge a fee to process or respond to your consumer request unless it is excessive, repetitive or manifestly unfounded.

In the event that we deny your request, in whole or in part, we will inform you of the basis for its denial. We will deliver our written response by mail or electronically, at your option. Our response will also explain any Regulatory Exceptions or other reasons we cannot comply with a request.

Exercising the privacy rights of a resident as the resident’s authorized agent:

If you are a consumer and you would like to authorize an agent to submit privacy rights requests on your behalf, please designate your authorized agent by filling out the form found here. Alternatively, you may authorize an agent by calling 833.422.7117.

In order to verify your identity when you are authorizing an agent to act on your behalf, we may ask you to provide the following information: full name, organization name, email or mailing address, phone number, and your Kramer Levin lawyer or staff contact. We will use this information only for the purposes of verifying that your request is authentic.

Your right to appeal our response to your privacy rights requests:

Residents of Colorado, Connecticut, Montana, Oregon, Texas, and Virginia have the right to appeal our decisions in response to the exercise of your privacy rights requests. To initiate an internal appeal, please contact us by filling out the form found here or by calling 833.422.7117. We will respond to your request for an internal appeal within 45 days. If you are unhappy with the results of your appeal, you may contact your state attorney general as noted at the information listed below.

Virginia Office of the Attorney General
202 N. Ninth St.
Richmond, VA 23219
https://www.oag.state.va.us/

Colorado Office of the Attorney General
Colorado Department of Law
Ralph L. Carr Judicial Building
1300 Broadway, 10th Floor
Denver, CO 80203
https://coag.gov/

Connecticut Office of the Attorney General
165 Capitol Ave.
Hartford, CT 06106
https://portal.ct.gov/AG

Oregon Department of Justice, Office of the Attorney General
1162 Court St. NE
Salem, OR 97301-4096
https://www.doj.state.or.us/oregon-department-of-justice/contact-us/

Texas Office of the Attorney General
PO Box 12548
Austin, TX 78711-2548
https://www.texasattorneygeneral.gov/

Montana Office of the Attorney General
Justice Building, Third Floor
215 North Sanders
P.O. Box 201401
Helena, MT 59620-1401
https://dojmt.gov/agooffice/

Privacy Rights for Residents of the European Economic Area or the United Kingdom

The ways in which we may process your Personal Information may vary based on our relationship with you. Please refer to the sections of this Privacy Notice titled “Collection and Use of Personal Information,” “Sharing of Personal Information,” and “Privacy Rights for Residents of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia” for a description of the ways that we process this information and how long we retain it, based on the types of interactions you have with us. The legal bases for which we may process Personal Information of residents of the European Economic Area or the United Kingdom are listed below:

• The performance of any contractual relationship we have with you
• Where it is necessary for compliance with our legal obligations
• Where you have provided your consent to certain types of processing
• Where it is in our legitimate interests (provided these are not overridden by your interests and fundamental rights and freedoms), such as:
  • To provide legal services
  • To respond to your requests and inquiries
  • To administer our business, including marketing and analysis
  • To prevent and detect fraud or security threats
  • To comply with applicable laws, regulations or ethical obligations

We store Personal Information of residents of the European Economic Area and the United Kingdom on our servers in the United States or on servers provided by cloud service providers. By submitting your Personal Information, you agree to this transfer, storing, and processing. Data transfers between Kramer Levin’s United States and Paris offices are governed by standard contractual clauses, which can be obtained by emailing privacy@kramerlevin.com.  Please see the section below titled “Cross Border Transfer” for more information.

We use administrative, technical and physical safeguards to protect Personal Information from unauthorized access or disclosure, and only retain it as long as reasonably necessary to fulfill the legitimate business purpose(s) outlined in this Privacy Notice, taking into account the business needs and efficiencies related to providing our services and products (such as resolving disputes, establishing legal defenses, conducting audits and enforcing agreements), the applicable statute of limitation periods and the records retention requirements under applicable law. Please see the sections above titled “Protecting Personal Information” and “Retention” for more information.

Your rights:

To the extent required by law, we provide individuals with reasonable access to the Personal Information processed by Kramer Levin, a portable copy of the information, and the ability to review, correct, delete, restrict or object to the processing of such information. Depending on your country of residence, you have the right to request such access, portability, review, correction, deletion, restriction or objection. You also have the right to withdraw your consent to our processing of your Personal Information at any time by using the contact information at the bottom of this section.

All of these rights are subject to certain conditions and exemptions. Although we make good faith efforts to provide individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to when the information contains legally privileged information, when it would compromise others’ privacy or other legitimate rights, when the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or when the information is commercially proprietary. If we determine that access should be restricted in any particular instance, we will endeavor to provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

If you would like to review or update your Personal Information or preferences, or have your information removed from our mailing lists, please let us know by emailing us (as the “controller” of your data) at privacy@kramerlevin.com or by writing us at:

USA
Kramer Levin Naftalis & Frankel LLP
Attn: Jeffrey W. Davis, General Counsel
1177 Avenue of the Americas
New York, NY 10036

France
Kramer Levin Naftalis & Frankel LLP
Attn: Dana Anagnostou, Co-Managing Partner
47 Avenue Hoche
75008, Paris, France

Dispute Resolution: EU residents may report privacy complaints directly to their local data protection authorities. See https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm. You may also contact us to be directed to the relevant authorities for your jurisdiction.

Cross-Border Transfer

Your Personal Information may be stored and processed in any country where we have offices or servers or in which we engage service providers. Your Personal Information may be transferred to countries outside your country of residence, including to the United States, which may have different data protection and data processing laws than those in your country. Our Privacy Notice requires all of our offices at all times to ensure a level of protection at least as protective as that mandated by the European Economic Area or the United Kingdom. Any such transfer shall take place only in accordance with and as permitted by the law of your jurisdiction, but please be aware that the laws and practices relating to the protection of Personal Information are likely to be different and, in some cases, may be weaker than those within your home jurisdiction. Regardless, in all events, we shall apply the provisions of this Privacy Notice to your Personal Information wherever it is located.

Changes to this Privacy Notice

We may update this Privacy Notice. When we do so, we will revise the “Last Modified” date below. We encourage you to review this Privacy Notice from time to time so you will know if the Privacy Notice has been changed or updated. If you have any questions about the Privacy Notice, please contact us.

Last modified: February 14, 2024