INTRODUCTION
At Kelley Kronenberg (referred to as “we,” “us,” “our”), we prioritize privacy and are dedicated to its protection. This policy outlines the circumstances under which we collect personal information about individuals, how we utilize this information, the circumstances under which it may be disclosed to others, and the measures taken to ensure its security. This is in accordance with the General Data Protection Regulation (EU), the Personal Data Protection Law (France), DPA Act (Belgium), Data Protection Act 2018 (UK), and the UK GDPR.
This notice applies to current and former clients, members of our workforce (including partners, employees, workers, agency workers, advisers, and self-employed consultants), vendors, and other third parties with whom we engage. Please note that this policy may change periodically, so we encourage you to review this page occasionally.
IDENTITY AND DATA CONTROLLER
We are an international law firm and, in the course of our business, act as the data controller for the processing activities described herein. This means that we determine the why and how of processing your personal information in compliance with GDPR.
TYPES OF INFORMATION WE HOLD
“Personal data” refers to any information about a living individual from which they can be identified. This includes but is not limited to name, ID number, location data, online identifiers, and factors specific to an individual’s identity. Our processing activities encompass collecting, using, storing, transferring, disclosing, altering, or destroying personal data.
The information we hold may fall into categories such as:
Some of this information may be classified as special categories of data. We adhere to GDPR regulations concerning the processing of such data, ensuring it is carried out lawfully and with due consideration.
In accordance with the GDPR, we do not process special category personal data (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited), unless the processing is necessary for the establishment, exercise or defense of legal claims, relies on explicit consent of the data subject, is necessary for protect the vital interests of the data subject or is justified by the public interest.
Processing of special category personal data and personal data relating to criminal convictions or offences are carried out in compliance with EU or Member State law in which the process takes place.
METHODS OF COLLECTING PERSONAL INFORMATION
We collect information through various means, including:
1. Personal information provided voluntarily by you.
This is information about you that you provide to us voluntarily in the following ways:
2. Personal information collected electronically during your use of our website or services.
When you use our website or our services, or as an employee of a Europe-based Kelley Kronenberg entity, the categories of information that we may collect about you may include: details of your visits to our site, including, but not limited to, traffic data, location data, weblogs, and other communication data, and any electronic resources you access. Any information collected via our website will include that provided at the time of registering to use our site, subscribing to the services we provide through our site, posting material or requesting further services. We may also ask you for information when you report a problem with our site. If you complete any survey for us for research purposes, we will collect information in such circumstances, as well. The personal information you give us may include your name, address, email address, and phone number, enquiry details and records of any correspondence and responses to any surveys.
We may automatically collect technical information, including anonymous data collected by the hosting server for statistical purposes, the Internet Protocol (IP) address used to connect your computer or device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform or other identification tags. Please see cookies for further information.
We may collect any personal information which you allow to be shared that is part of your public profile or third party social network, type and version, time zone setting, browser plug-in types and versions, operating system, and platform. We also collect contact information from email communications addressed to us.
We may also collect, store, and use your special category personal data for a range of reasons, relying on a variety of different bases for lawful processing under the GDPR, as described below.
3. Personal information received from third parties regarding our partners, employees, consultants, and prospective hires.
We may obtain personal information and/or special category personal information about you from third party sources, such as recruitment agencies, job boards, benefits providers, immigration companies, tax consultants, and background check providers. Where we receive such information, we will only use it in accordance with this Privacy Notice. In some cases, the third party source will be acting as a controller of your personal information and therefore we advise you to read their privacy notice and/or data protection policy.
PURPOSES AND LEGAL BASES FOR USING YOUR PERSONAL INFORMATION
The purposes for which we use your information and the legal bases under data protection laws are detailed below.
A. WHERE YOU HAVE PROVIDED CONSENT:
We may use and process your personal information where you have consented for us to do so.
For clients and prospective clients:
This may include our sending you information about our services if you:
For partners, employees and consultants, or prospective partners, employees and consultants:
This may include:
You may withdraw your consent for us to use your information in any of these ways at any time. Please see “Withdrawing your consent” for further details.
How we use your special category information
Consistent with your consent, we may:
Where you have consented to specific processing of your personal or special categories data, you have the unequivocal right to withdraw your consent at any time by indicating your withdrawal in a written format addressed to the HR department (if you are an employee) or using our unsubscribe tool located at the bottom of all Kelley Kronenberg marketing communications (if you are not an employee).
B. WHERE THERE IS A LEGITIMATE INTEREST:
We may use and process your personal information where it is necessary for us to pursue our legitimate interests as a business, or that of a third party.
For clients and prospective clients:
This may include:
For partners, employees and consultants, or prospective partners, employees and consultants:
This may include:
How we use your special category information
For clients and prospective clients:
This may include:
For partners, employees and consultants, or prospective partners, employees and consultants:
We may use any special category information for occupational health reasons or where we are assessing your working capability, subject to appropriate confidentiality safeguards. This may include:
C. WHERE THERE IS A LEGAL REQUIREMENT:
We will use your personal information to comply with our legal obligations: (i) to assist a regulatory or other public authority or criminal investigation body; (ii) to identify you when you contact us; and/or (iii) to verify the accuracy of data we hold about you.
For clients and prospective clients; where you have consented to specific processing:
For partners, employees and consultants, or prospective partners, employees and consultants:
How we use your special category information
For partners, employees and consultants, or prospective partners, employees and consultants:
To enable us to perform our legal obligations in respect of employment, social security, and social protection law. This may include:
To establish, defend or exercise legal claims in an employment tribunal or any other court of law:
D. WHERE IT IS REQUIRED TO COMPLY WITH OBLIGATIONS UNDER A CONTRACT:
We may use and process your personal information where we have supplied you (or continue to supply you) with any services, where we have arranged for the supply of another firm’s services to you, or where you are in discussions with us about any service. We will use this information in connection with the contract for the supply of services when it is needed to carry out that contract with you or for you to enter into it.
For clients and prospective clients:
For partners, employees and consultants, or prospective partners, employees and consultants:
E. WHERE IT IS IN YOUR VITAL INTERESTS
For clients and prospective clients:
For partners, employees and consultants, or prospective partners, employees and consultants:
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal data.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
DATA ANONYMISATION AND USE OF AGGREGATED INFORMATION
Your information may be converted into statistical or aggregated data in such a way as to ensure that you are not identified or identifiable from it. Aggregated data cannot be linked back to you as a natural person. We may use this data for analytical and research purposes.
For more information on how we use cookies and how to switch them off on your device, please visit our section on below.
OTHERS WHO MAY RECEIVE OR HAVE ACCESS TO YOUR PERSONAL INFORMATION
Our suppliers and service providers
We may disclose your information to our third party service providers, agents, subcontractors, and other organisations for the purposes of providing services to us or directly to you on our behalf. Such third parties may include:
When we use third party service providers, we only disclose to them any personal information that is necessary for them to provide their service and we have an agreement in place that requires them to keep your information secure and not to use it other than in accordance with our specific instructions.
Third parties who provide products and services
We may share your information with other firms which we instruct on your behalf. They may use your personal information in the ways set out in how we use your personal information, in connection with the services that complement and/or support our services, for example, in using local counsel or experts to assist in representing our clients. When providing your data to those third parties, we will ensure that our terms of engagement with those third parties provide protection for your data commensurate with that protection which we provide.
All our third-party service providers and other entities in the group are required to take appropriate security measures to protect your personal information in line with our policies. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
Other ways we may share your personal information
We may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation. We may also transfer your personal information if we are under a duty to disclose or share it in order to comply with any legal or regulatory obligation, to detect or report a crime, to enforce or apply the terms of our contracts, or to protect the rights, property, or safety of our visitors and customers. We will always take steps with the aim of ensuring that your privacy rights continue to be protected.
For our partners, employees, and consultants and prospective partners, employees, and consultants we may also share your personal data and special category personal data internally. In particular, it may be shared with: HR employees involved in and for the purposes of a recruitment process, employee relations, and/or administration of your employment; line managers; consultants; advisers or other appropriate persons.
WHERE WE STORE YOUR PERSONAL INFORMATION
All information you provide to us is very likely to be transferred to countries outside of the UK and/or the European Economic Area (EEA). By way of example, this will happen as our servers (and possibly those of our third party service providers whom we may use from time to time) are located in a country outside of the UK and/or EEA. These countries may not have similar data protection laws to the UK and the European Union.
When we transfer your information outside of the UK and/or the EEA in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this policy in compliance with GDPR. These steps include imposing contractual obligations on the recipient of your personal information or ensuring that the recipients are subscribed to ‘international frameworks’ that aim to ensure adequate protection. Please contact us using the details at the end of this policy for more information about the protections that we put in place and to obtain a copy of the relevant documents, if applicable. Further, if you use our services whilst you are outside the UK or the EEA, your information may be transferred outside the UK or the EEA in order to provide you with those services.
As to the physical locations in which we may store your personal information it may be in a variety of locations, including electronically on our secure servers and/or in hard copy form in access-restricted cabinets or locations. We take appropriate technical and organisational security measures to guard against unauthorised access, improper use, alteration, disclosure, and destruction and accidental loss of your personal data.
In addition, we limit access to your personal information to those members of our workforce who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected or actual data security breach and will notify you and the relevant national data protection authority (ICO in the UK, CNIL in France, Data Protection Authority in Belgium) of a suspected breach where we are legally required to do so.
Whenever we propose using new technologies, or where processing is construed as ‘high risk,’ we are obliged to carry out a Data Protection Impact Assessment to review that appropriate security measures are implemented in relation to the processing of your personal data.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION FOR
If we collect your personal information, the length of time we retain it is determined by a number of factors including the purpose for which we use that information and our obligations under laws including legal, accounting and reporting requirements. We do not retain personal information in an identifiable format for longer than is necessary for the purposes for which the personal data are processed.
We may need your personal information to establish, bring, or defend legal claims. For this purpose, our expectation is that we may retain certain of your personal information for at least seven (7) years in the UK and five (5) years in France (but it may be longer in certain circumstances) after the date it is no longer needed by us for any of the purposes listed under how we use your personal information above.
Therefore:
The only exceptions to this are where:
SECURITY AND LINKS TO OTHER SITES
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to us. Once we have received your personal information, we put in place reasonable and appropriate controls to safeguard against accidental or unlawful destruction, loss, alteration, or unauthorised access.
Our website may contain links to other websites run by other organisations. This Privacy Notice does not apply to those other websites‚ so we encourage you to read their privacy statements. We cannot be responsible for the privacy policies and practices of other websites even if you access them using links that we provide. In addition, if you linked to our website from a third party website, we cannot be responsible for the privacy policies and practices of the owners and operators of that third party website and recommend that you check the policy of that third party website.
COOKIES
Like many other websites, our website uses cookies (including Google Analytics cookies) to obtain an overall view of visitor habits and visitor volumes to our website. “Cookies” are small pieces of information sent to your computer or device and stored on its hard drive to allow our websites to recognise you when you visit.
It is possible to switch off cookies by setting your browser preferences. For more information on how we use cookies and how to switch them off on your device, please visit our Privacy Policy.
OUR MARKETING
We may collect your preferences to receive marketing information directly from us in the following ways:
From time to time, we may also ask you to refresh your preferences by asking you to confirm that you consent to continue receiving information from us.
We may contact you with targeted information delivered online through social media by using your personal information, or use your personal information to tailor marketing to improve its relevance to you, unless you object.
You have the right to opt-out of our use of your personal information to provide information to you in any of the ways mentioned below.
YOUR RIGHTS
You have a number of rights in relation to your personal information under data protection law. Should you contact us in relation to the personal data we may hold, as detailed below, we may ask you for information to confirm your identity and, where applicable, to help us to search for your personal information. Except in rare cases, we will respond to you within one month from either (i) the date that we have confirmed your identity or (ii) where we do not need to do this because we already have this information, from the date we received your request.
You have the right to ask for a copy of the information that we hold about you by emailing or writing to us at the address at the end of this policy. This is known as a Subject Access Request. We may not provide you with a copy of your personal information if this concerns other individuals or we have another lawful reason to withhold that information.
The accuracy of your information is important to us. If you change your name or address/email address, or you discover that any of the other information we hold is inaccurate or out of date, please let us know by contacting us at marketing@kelleykronenberg.com.
Where we rely on your consent as the legal basis for processing your personal information, as set out under how and why we use your personal information, you may withdraw your consent at any time by contacting us. If you would like to withdraw your consent to receive any direct marketing to which you previously opted-in, you can do so using the unsubscribe tool located at the bottom of all Kelley Kronenberg marketing communications. Or, if a partner, an employee, or consultant, contact our HR department. If you withdraw your consent, our use of your personal information before you withdraw is still lawful. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, but we will keep your details on our files for the purpose of ensuring that we exclude you from any contact in due course.
Where we rely on legitimate business interests as the legal basis for processing your personal information for any purpose(s), as outlined under how and why we use your personal information, you may object to us using your personal information for these purposes by emailing or writing to us. Except for the purposes for which we are sure we can continue to process your personal information, we will temporarily stop processing your personal information in line with your objection until we have investigated the matter. If we agree that your objection is justified in accordance with your rights under data protection laws, we will permanently stop using your data for those purposes. Otherwise, we will provide you with our justification as to why we need to continue using your data.
You may also object to us using your personal information for direct marketing purposes and we will automatically comply with your request. If you would like to do so, please use the unsubscribe tool located at the bottom of all Kelley Kronenberg marketing communications.
In certain circumstances, you may ask for your personal information to be removed from our systems by emailing or writing to us. Unless there is a reason that the law allows us to use your personal information for longer, we will make reasonable efforts to comply with your request.
You may also ask us to restrict processing your personal information where you believe it is unlawful for us to do so, you have objected to its use and our investigation is pending or you require us to keep it in connection with legal proceedings. In these situations, we may only process your personal information while its processing is restricted if we have your consent or are legally permitted to do so, for example for storage purposes, to protect the rights of another individual or company or in connection with legal proceedings.
Where we rely on your consent as the legal basis for processing your personal information or need to process it in connection with your contract, as set out under how and why we use your personal information, you may ask us to provide you with a copy of that information in an appropriate format. We will provide this to you electronically in a commonly used form, such as on a USB device.
You can ask us to send your personal information directly to another service provider, and we will do so if this is technically possible. We may not provide you with a copy of your personal information if this concerns other individuals or we have another lawful reason to withhold that information.
You have the right to complain to the national data protection authority if you are concerned about the way we have processed your personal information. Although you have the right to complain to the data protection authority, we encourage you to contact us (as set out below) first with a view to letting us help in resolving any issues, concerns or questions.
– In the UK, please visit the Information Commissioner’s Office (ICO) website for further details.
– In France, please visit the Commission Nationale de l’Informatique et des Libertés (CNIL) website for further details.
– In Belgium, please visit the Data Privacy Authority (DPA) website for further details.
In certain countries including France, you have the right to define and tell us what we should do with your personal data after your death.
CHANGES TO THIS POLICY
Our Information Risk Committee is responsible for ensuring that this privacy notice is maintained. Our contact for any issues relevant to this Privacy Notice is each Office Managing Partner.
We may review this policy from time to time and any changes will be available to you by posting an updated version on our website. Any changes will take effect seven (7) days after the date on which we post the modified terms on our website, whichever is the earlier. We recommend that you regularly check for changes and review this policy whenever you visit our website. If you do not agree with any aspect of the updated policy you must immediately notify us and cease using our services.
CONTACT US
If you have additional questions you can call us at (954) 370-9970 or (800) 484-4381, fax us at (954) 382-1988, or reach us at marketing@kelleykronenberg.com. You can write to us at:
Attn: Webmaster/Marketing
Kelley Kronenberg
10360 W. State Road 84
Fort Lauderdale, FL 33324
Please include your email address, name, address, and telephone number when you contact us. This helps us handle your request correctly.