Legal Notices

PRIVACY POLICY

Last Updated: May 24, 2018

Gibbons P.C. respects your concerns about information privacy and security, and is committed to safeguarding your privacy. We believe it is important for you to be familiar with how we collect, use, and disclose information provided to us, or that we have obtained from you. This Privacy Policy describes our practices in connection with information we collect or use both online and offline:

  • Through our websites and blog sites (“Websites“);
  • Through social media properties (“Social Media“);
  • Through email messages that we send to you or receive from you (“Emails“);
  • Through the software applications made available by us for use on or through computers and mobile devices (“Apps“) (i.e., file transfers, extranets, client portals, etc.);
  • Through services we provide to our clients (“Client Services“); and
  • Through offline information provided directly to employees and recorded and stored as electronic data (“Direct Data“).

Collectively, we refer to the Websites, Apps, Social Media, Emails, Client Services, and Direct Data as the “Services.”

COLLECTION OF PERSONAL INFORMATION

Personal Information” is any information that, either alone or in combination with other information, identifies you as an individual or relates to an identifiable individual. This includes:

  • Name;
  • Postal address (including personal, business, billing, and shipping addresses);
  • Telephone number; and
  • Email address (personal and business).

We collect, and our service providers collect, Personal Information in a number of ways, including:

  • Through the Services: We collect Personal Information through the Services. This includes in the course of operating our business generally, as well as when you visit our websites, sign up for a newsletter, request Services, register for a seminar, or use Services that can be accessed only by authenticated users who have logged in.
  • Offline: We collect Personal Information from you offline. This includes when you participate in a contractual arrangement for Client Services, when you provide information in conjunction with our Client Services, when you interact with us as or on behalf of a client, or when you provide Direct Data.
  • From Other Sources: We receive your Personal Information from other sources, for example:
    • Publicly available databases and websites;
    • Joint marketing partners and event sponsors, when they share the information with us;
    • Individuals and entities to whom we provide Client Services, which may include your employer; and
    • Social media platforms.

If you do not provide the information requested, we may not be able to provide the Services. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

USE OF PERSONAL INFORMATION

We and our service providers may use your Personal Information in the following circumstances:

  • When it is necessary to establish, exercise, or defend legal claims;
  • When we need to do so in order to comply with a legal obligation;
  • When we need to perform a contract we are about to or have entered into with you;
  • When it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those legitimate interests;
  • If you have already made the information public; or
  • If you have given your consent.

Specifically, we use your Personal Information for our legitimate business purposes, including the following:

1) To provide Client Services, including:

  • Validating authorized signatories when concluding agreements and transactions;
  • Contacting individuals (including employees of institutional clients) in connection with providing Client Services; and
  • Responding to inquiries and fulfilling requests from our clients, administering client file(s), providing professional legal advice and counseling services, and managing our client relationships.

2) To provide the Services to you and fulfill your requests, including:

  • Providing the Services to you, such as arranging access to your registered account, and providing you with Client Services;
  • Responding to your inquiries and fulfilling your requests when you contact us through one of our online contact forms or otherwise (e.g., when you send us questions, suggestions, compliments or complaints, or when you request other information about our Services);
  • Sending administrative information to you, such as information regarding the Services, changes to our terms, conditions and policies, and notices as may be required by law or regulation; and
  • Allowing you to send Services-related content to another person through the Services if you choose to do so.

3) To provide you with our newsletter, other marketing materials, and facilitating social sharing, including:

  • Sending you our newsletters, blogs, publications, legal updates, and mailings related to our seminars or events that we think may be of interest to you;
  • Fulfilling your event registration requests and provide Services, including seminars and other events; and
  • Sending you information about our Services and other information or news about our firm.

4) To aggregate or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose.

5) To accomplish our business purposes, including:

  • Data analysis, which includes improving the efficiency of our Services;
  • Audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, and contractual requirements;
  • Fraud and security monitoring, which includes activities to detect and prevent cyberattacks or attempts to commit identity theft;
  • Enhancing, improving, or modifying our current products and services;
  • Identifying usage trends, which includes understanding which parts of our Services are of most interest to users;
  • Determining the effectiveness of our marketing and promotions, so that we can adapt to the needs and interests of our users;
  • Operating and expanding our business activities, which includes understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting users’ interests.

The particular “legitimate interests” upon which we and our service providers rely in processing your Personal Information include the following:

  • For purposes of carrying out business intake procedures: This includes using and/or obtaining information for the purposes of carrying out anti-money laundering, conflict, and other business intake searches.
  • For providing legal advice to our clients: This includes using contact data, data concerning your employment or business activities, and any other data relevant to the transaction, litigation, or other matter upon which we are advising. Where necessary in connection with the specific client matter (such as in criminal, employment, or pension matters) that data may include special categories of personal information (such as that relating to health) or information relating to criminal convictions and offenses.
  • For the purposes of marketing our services: This includes using your information for the purposes of promoting our business to you, if you request information about our services or indicate that you have an interest in receiving communications on legal topics, if you respond to invitations to events, or if you comment on our blogs or social networks. You have the right to ask us not to process your Personal Information for marketing purposes. You can exercise your right to prevent such processing at any time by contacting us as set forth below in the “Contacting Us” section or by following the link in the marketing emails we send to opt out or manage your email preferences.
  • For the functioning of our business and its operations: This includes using your Personal Information in the course of operating our business, dealing with our insurance arrangements, facilitating a business sale, acquisition or restructuring, or for seeking external legal advice.

DISCLOSURE OF PERSONAL INFORMATION

We disclose Personal Information as necessary or appropriate, especially in connection with our contractual relationship with you, or when we have a legal obligation or legitimate interest to do so. This may include disclosure outside your country of residence. This includes the following:

  • To our third party service providers, to facilitate services they provide to us. This can include providers of services such as website hosting, Services-related consulting and monitoring, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services related to meeting our clients’ legal needs or conduct our business operations. Our disclosure to these service providers is limited to processing Personal Information based upon our instructions. Note that by using certain Services to which you are able to post information and content (e.g., Social Media), or through which you are able to send messages, any information you post or disclose through these Services will become public and may be available to other users and the general public.
  • To comply with applicable law and regulations.
  • To cooperate with law enforcement, or public and government authorities. This includes responding to law enforcement requests and orders, or to provide information we believe is important.
  • For other legal reasons. This includes enforcing our terms and conditions, and protecting our rights, privacy, safety, and property, and that of you or others.
  • In connection with a sale or business transaction. We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisors.

OTHER INFORMATION

Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. This includes:

  • Browser and device information;
  • App usage data;
  • Information collected through cookies, pixel tags, and other technologies;
  • Demographic information and other information provided by you that does not reveal your specific identity; and
  • Information that has been aggregated in a manner such that it does not reveal your specific identity.

If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed above in this Policy.

We and our service providers may collect Other Information in a variety of ways, including:

  • Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.
  • Using cookies. Cookies are pieces of information stored directly on the computer or device that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data. To learn more about how we use cookies, please see our Cookie Policy.
  • Using pixel tags and other similar technologies. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
  • Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, applications, and online resources. You can learn about Google’s practices by visiting google.com/policies/privacy/partners, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at tools.google.com/dlpage/gaoptout.
  • IP Address. Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications, and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Services. We may also derive your approximate location from your IP address.

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do we will treat the combined information as Personal Information as long as it is combined.

SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

OPTION TO DISCONTINUE MARKETING-RELATED EMAILS

If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by following the unsubscribe instructions in any such message or by contacting us by email at compliance@gibbonslaw.com. We will undertake efforts to comply with your request as soon as reasonably practicable. Please note that if you choose to discontinue receiving marketing-related emails from us, we may still send you important administrative messages, which you cannot elect to discontinue.

DATA PRIVACY INQUIRIES AND ACCESS TO PERSONAL INFORMATION

If you believe the Personal Information we have for you is inaccurate, incomplete, or no longer current, please contact us at compliance@gibbonslaw.com so that we can update, remove, or correct the information as appropriate.

If you are in one of the following countries and accessing our Services, you can access, change, or delete your Personal Information: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

If you would like to request to review, correct, update, suppress, object, restrict, or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent any of these rights are provided to you by applicable law), you may contact us by email at compliance@gibbonslaw.com. We will respond to your request consistent with applicable law.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity and obtain other relevant information before implementing your request. We will undertake our best efforts to comply with your request as soon as reasonably practicable and as required by law.

RETENTION PERIOD

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
  • The length of time we have an ongoing relationship with you as our client and provide you with Client Services;
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions or communications for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties.

This includes any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Twitter, Apple, Google, Microsoft, RIM, LinkedIn, or any other application developer, application provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media.

SPECIAL NOTIFICATION ABOUT WEBINARS

Webinars offered as a service to users of the Services (“Webinars”) may be hosted by unaffiliated third party vendors, and not by us.

Our third-party vendors require users to provide Personal Information. This Personal Information may include your name, telephone number, and email address. Users seeking continuing legal education credit also may be asked to provide their State Bar number(s). Please note that this Personal Information may be collected by our vendors or by us. We encourage you to read the privacy policy of our respective vendors, which control how such vendors handle Personal Information provided by you to register for and participate in the Webinars.

Additionally, our third-party vendors provide us with Personal Information about users of our Webinars. We use this Personal Information to track attendance, to facilitate future communication with such users, and for other purposes set forth in this Privacy Policy.

USE OF SERVICES BY MINORS

The Websites, Apps, Social Media, Emails, and Webinars are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18 for those services. At times, our Client Services include representation of individuals under the age of eighteen (18). We do not market our Client Services or the Services to individuals under 18.

CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Information.

Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as the use of standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by clicking here.

SENSITIVE INFORMATION

Except when required in connection with the Client Services the firm provides to you, we request that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religious, philosophical, or other beliefs, information related to sex life or sexual orientation, health data, biometric or genetic characteristics, criminal convictions and offenses, or trade union membership) on or through the Services or otherwise to us.

UPDATES TO THIS PRIVACY POLICY

The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

CONTACTING US

Gibbons P.C. is the company responsible for collection, use, and disclosure of your Personal Information under this Privacy Policy.

If you have a complaint about our handling of your personal data, we would appreciate the opportunity to address your concerns directly and before you approach a regulator.

If you have any questions about this Privacy Policy, please contact us.

You can reach us at compliance@gibbonslaw.com or at:

John T. Wolak, Privacy and Security Officer
Gibbons P.C.
One Gateway Center
Newark, NJ 07102

Because email communications are not always secure, please do not include any sensitive information in your emails to us.

ADDITIONAL INFORMATION REGARDING THE EEA

You may lodge a complaint with a data protection authority for your country or region, or where an alleged infringement of applicable data protection law occurs. See ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.


PRIVACY POLICY NOTICE – FOR CLIENTS ONLY

Attorneys, like other professionals who advise on personal financial matters, are now required by a new federal law, the Financial Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act, Pub. Law 106-102 (1999), to inform their clients of their policies regarding privacy of client information. Attorneys have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by this new law. Therefore, we have always protected your right to privacy.

In the course of providing our clients with certain legal services, we receive significant non-public personal information from our clients. If you are a client of Gibbons P.C. (Gibbons), you should know that all information that we receive from you is held in confidence, and is not released to people outside the firm, except as agreed to by you, or as required under an applicable law or ethical code. Even though the provisions of the Financial Modernization Act would allow Gibbons to share our client’s non-public personal information with a Gibbons subsidiary or other ancillary business entity, the rules of professional conduct prohibit this type of information sharing.

We retain records relating to professional services that we provide so that we are better able to assist our clients with their professional needs and, in some cases, to comply with professional guidelines. In order to guard our client’s nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards.


COOKIE POLICY

Last Updated: May 24, 2018

We collect certain information by automated means when an individual visits www.gibbonslaw.com (our “Site”). By collecting this information, we learn how to best tailor the Site to our visitors. Like many companies, we collect this information through various means such as “cookies,” “web beacons” and IP addresses, as explained below.

COOKIES

Cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites. Cookies assist in providing a more customized website experience. We may use cookies to tell us, for example, whether you have visited us before or if you are a new visitor, and to help us identify site features in which you may have the greatest interest.

There are two main types of cookies:

  1. Session cookies: These are temporary cookies that expire when you close your browser. Session cookies allow the Services (as defined in our Privacy Policy) to recognize your computer as you navigate between pages during a single browser session, allowing you to use the Services most efficiently.
  2. Persistent cookies: These are stored on your computer between browsing sessions until they expire or are deleted. They allow the Services to remember your preferences and tailor services to you.

We may use both session and persistent cookies in connection with our Site. These cookies are used for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience while visiting the Site, as well as for online tracking purposes. We may also use cookies to gather statistical information about the usage of the Site in order to continually improve the design and functionality, to understand how visitors are using the Site, and to assist us with resolving questions regarding the Site.

In addition to cookies that send information to us, we may also use cookies that collect information and send it to our service providers. Further, where the Site allows you to access other websites from the Site using the links provided, the operators of those websites may use cookies in accordance with their own cookies policy, which may differ from ours.

WEB BEACONS

Certain pages on our Site may contain “web beacons” (also known as Internet tags, pixel tags, and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party.

IP ADDRESSES

An IP address is a unique identifier that certain electronic devices used to identify and communicate with each other on the Internet. When you visit our Site, we may view the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and understand from what geographic regions our Site visitors come. We also may use this information to enhance our Site.

We may use one or more of these technologies to gather information and statistics regarding use of our Site. For example, we may collect aggregated information about page visits and navigation to determine what articles and topics are of greatest interest and if users are able to find content easily. We also use site analytics and tracking information to generate various reports regarding use of our Site. These reports contain aggregated information about users use of our Site.

If you register on our Site we will use cookies to facilitate your registration and remember your preferences. It is not possible to register unless you accept the cookies used as part of the registration process. If you register on our Site, tracking and analytical information we collect may be linked to the other information we collect about you as part of the registration process, including your name and email address.

If you receive electronic mailings from us, we use technologies that track certain actions. We receive information that shows who opens our electronic mailings and whether links embedded in those mailings have been clicked on. This information helps us understand the effectiveness of the mailings and we may use the information to contact you about other events or services.

INFORMATION COLLECTED BY ANALYTICS PROVIDERS

Some of the cookies we use are “analytical” cookies. Our analytics provider (Google Analytics) allows us to recognize and count the number of visitors and to see how visitors use the site. We use this information to compile reports and to improve the way the Site works, e.g., by making sure that users are finding what they need easily. The following types of information are collected by our analytics software:

  • User’s location information, e.g., city, country/territory, continent.
  • User’s behavior, e.g., whether the user is a new or returning visitor, the frequency of visits/date of last visit.
  • User’s technology, e.g., operating system, network/service provider (ISP and network host).
  • Mobile information, e.g., whether the user accessed the Site via a mobile device and, if so, the type of device (brand, service provider, operating system, and input selection method).
  • Content viewed, e.g., pages, files, and directories clicked on; landing pages/exit pages; and search words (if any) used on the Site.

OPTING OUT OF COOKIES AND ADDITIONAL INFORMATION

You have the right to decide whether to accept or reject cookies. You can exercise your cookie preference by setting or amending your web browser controls to accept or refuse cookies. Information about the procedure you are required to follow in order to modify your preferences can be found on your Internet browser provider’s website. If you choose to reject cookies via your browser, you may still use our Sites, though your access to some functionality may be restricted.

If you would like to review more details about the specific cookies that are used in connection with our Sites, please contact us by sending an email with your request to compliance@gibbonslaw.com or submit your request in writing to us at: John T. Wolak, Privacy and Security Officer, Gibbons P.C., One Gateway, Newark, NJ 07102.

UPDATES TO THIS COOKIES POLICY

We may change this Cookies Policy from time to time. Please take a look at the “LAST UPDATED” legend at the top of this section to see when this Cookies Policy was last revised. Any changes to this Cookies Policy will become effective when we post the revised Cookies Policy on the Site. Your use of the Site following these changes means that you accept the revised Cookies Policy.

CONTACTING US

If you have any questions about our information practices, please contact us by sending an email with your questions to compliance@gibbonslaw.com or writing to us at: John T. Wolak, Privacy and Security Officer, Gibbons P.C., One Gateway, Newark, NJ 07102.