Your privacy is important to Foley Hoag. This Privacy Statement explains the information practices of Foley Hoag AARPI and Foley Hoag LLP (“Foley Hoag”, “we”, “us”, “our”), including how Foley Hoag collects, uses, shares and otherwise processes your Personal Data in connection with your relationship with us as a Foley Hoag client, acting for a client, as a current or prospective employee, or being generally interested in our services and our publications. This notice is provided in accordance with applicable data privacy laws, including but not limited to the UK and EU General Data Protection Regulations (collectively known as “GDPR”) and the California Consumer Protection Act (CCPA – as amended by the California Privacy Rights Act) (together, the “CCPA”). Should you have any questions about this Privacy Statement you can contact us at privacy@foleyhoag.com.

The contents of this Statement may change over time. Please visit this page to view it in its current form. The change in the effective date listed at the bottom of this page will notify you that the Statement has been updated. Your continued use of this Site or our services after any changes or additions in these terms constitute your agreement with these terms. This Privacy Statement is not intended to, and does not, create contractual or other legal rights.

The website is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the website from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

FOLEY HOAG 
Foley Hoag is made up of Foley Hoag LLP, a limited liability partnership with principal law offices in Boston, Massachusetts, Washington, D.C., New York, New York, and Denver, Colorado, and Foley Hoag France AARPI, a French law partnership registered with the Paris Bar pursuant to Directive 98/5/CE.

This Privacy Statement is issued on behalf of all Foley Hoag entities, and to the extent we are a data controller, each of our entities is a joint data controller of your Personal Data.

PERSONAL DATA
The term “Personal Data” as used in this Privacy Statement shall mean any information relating to an identified or identifiable natural person ("data subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic, cultural or social identity. Personal Data does not include data from which you can no longer be identified, such as anonymized aggregate data.

WHAT INFORMATION DO WE COLLECT ABOUT YOU, HOW DO WE COLLECT IT AND WHAT DO WE USE IT FOR?
We collect Personal Data about:

• Our current and prospective clients and their staff and employees;
• Our current and prospective employees;
• Our service providers and business partners and their staff and employees;
• Individuals who attend, or express interest in attending, our events or subscribe to newsletters and other email updates we provide;
• Third parties in connection with client transactions (for example, information about the staff of a company that will be acquired by a client); and
• Visitors to our website and offices.

HOW DO WE COLLECT YOUR PERSONAL DATA?
We collect your data directly from you when you:

• Provide it to us or we collect it from third parties as part of providing services to you;
• Apply for employment with us;
• Visit our offices or attend our events;
• Fill out a form, such as a newsletter subscription, enquiry or alumni form; and/or
• Email us directly.

The kinds of Personal Data we may collect include, but are not limited to, your contact details (such as your address, email address and telephone number) and information such as your job title which we will request from you. In addition, we collect the Personal Data you choose to provide to us, e.g., if you contact us by letter, telephone, email or any other means of electronic or personal communication. We will process your Personal Data if and to the extent applicable law provides a lawful basis for us to do so. We will therefore process your Personal Data only:

1. if you have consented to us doing so;
2. if we need it to perform the contract we have entered into with you; if we need it to comply with a legal obligation; or
3. if we (or a third party) have a legitimate interest which is not overridden by your interests or fundamental rights and freedoms. Such legitimate interests will be the providing of legal services by us, administrative or operational processes within Foley Hoag and direct marketing.

We will use your Personal Data to deliver legal services to you and/or the institution you work or for whom you act. We may also use your Personal Data to inform you about our services, new (legal) developments in the jurisdictions we act and our marketing events.  We will also use your personal data in the context of your employment with the Firm or in relation to you seeking employment with the Firm.

Please note that we may use or disclose Personal Data if we are required by law to do so or if we reasonably believe that use or disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.

WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access Personal Data (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.

ACCURACY OF INFORMATION
It is important that the Personal Data we hold about you is accurate and current. Please let us know if your Personal Data changes during your relationship with us.

WHAT IF YOU DO NOT PROVIDE THE PERSONAL DATA WE REQUEST?
It is in your sole discretion to provide Personal Data to us. If you do not provide us with all or some of the Personal Data we request, we may not be able to accept an engagement from you, to provide all or some of our legal services, to enter into a contract with you or to send you the requested (marketing) information.

CHANGE OF PURPOSE, ANONYMIZATION
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 which is compatible with the original purpose. We may disclose your Personal Data or any information you submitted if we have a good faith belief that disclosure of such information is reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce any applicable terms of service, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Foley Hoag, our users, yourself or the public. We also may be required to disclose an individual’s Personal Data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. If we need to use or disclosure your Personal Data for an unrelated purpose, we will notify, unless such notice is prohibited.

In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.

WITH WHOM WILL WE SHARE YOUR INFORMATION?
When using your Personal Data for the purposes and on the legal basis described above we may share your Personal Data with our other Foley Hoag offices around the world as well as other law firms and services providers we work with. We may also have to share your Personal Data with regulators, public institutions, courts or other third parties.

For the purposes described above we may have to transfer your Personal Data from the European Economic Area (EEA) to a Foley Hoag office or a third party outside of the EEA and in a jurisdiction not being subject to an adequacy decision of the European Commission. We will always ensure that there is a legal basis and a relevant safeguard method for such data transfer so that your Personal Data is treated in a manner that is consistent with, and respects the EU laws and other applicable laws and regulations on data protection. If you require further information about this you can request it from privacy@foleyhoag.com.

YOUR RIGHTS IN RELATION TO YOUR INFORMATION
You have rights as an individual which you can exercise under certain circumstances in relation to your Personal Data that we hold. 

EU or UK Citizen
If you are an EU or UK Citizen, you have these rights, subject to certain exceptions and limitations:

• To be informed: You have the right to be provided with clear, transparent and easily understandable information about how we use your data and your rights. We fulfill this right by giving you this notice.
• Access to your personal data: You can request access to a copy of your personal data.
• Right to withdraw and opt-out: You may unsubscribe from our mailing list by clicking the unsubscribe link within any email sent through our mailing list.
• Right to object: You may object to our processing of your personal data by us, subject to certain exceptions.
• Rectification: You can ask us to change or complete any inaccurate or incomplete personal data held about you.
• Erasure: This is also known as “the right to be forgotten” and this means that you can ask us to delete your personal data where it is no longer necessary for us to use it, you have withdrawn consent (where applicable), or where we have no lawful basis for keeping it or otherwise using it. This right is subject to exceptions, for example where we need to use the information to bring or defend a legal claim.
• Portability: You can ask us to provide you or a third party with some of the personal data that we hold about you in a structured, commonly used, machine-readable format. This is limited to personal data you have provided with your consent or in relation to the products you have with us, and which we process by automated means.
• Restriction: 
  • You can ask us to restrict the personal data we use about you where: it is inaccurate; you have asked for it to be erased; you have objected to our use of it; or where you need this for the bringing or defending of legal claims.
  • When you have asked us to restrict the use of your personal data we may still store your information but will not use it further without your consent, unless we need to process it: to bring or defend legal claims; to protect the rights and freedoms of other individuals; or for other important public interest reasons.

California Consumers
The following categories of California Consumer Personal Information have been collected and/or disclosed for business purposes by Foley Hoag in the past 12 months:

• Identifiers (such as contact information, government IDs, cookies, etc.);
• Personal Information Categories Listed in the California Customer Records statue (Cal. Civ. Code 1798.80(e)) (such as your name and financial account, driver’s license, social security number, user name and password, health/medical information); 
• Protected classification information (like race, gender, ethnicity, etc.);
• Commercial information; 
• Internet/electronic activity; 
• Audio/video data;
• Professional or employment related information;
• Education information; and
• Inferences from the foregoing.

Except as provided in this Statement, Foley Hoag does not disclose, sell, rent, or exchange any personal data to or with unrelated third parties.  We may disclose personal information and sensitive personal information in one or more of the categories identified above to:

• Service providers, including but not limited to, third parties that provide website hosting, off-business hour user support, security monitoring and response, professional services, including information technology services and related infrastructure, document review, auditing, benefits administration, hiring and recruitment and other similar services;
• Affiliates;
• Business partners;
• Legal or government regulatory authorities as required by applicable law; 
• Other parties as intentionally directed by you; and
• Other parties in connection with a potential business transfer.

In the past twelve (12) months, we have not sold any sensitive personal information or any other personal information we collect to third parties, and we have shared the categories of personal information we collect only as set forth above.

We do not communicate orally, in writing, or by electronic or other means, a consumer’s personal information to any third parties for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

Rights of California Consumers. 
The CCPA/CPRA provides a California consumer the following rights, subject to certain exceptions and limitations:

• The right to request (a) the categories and specific pieces of sensitive personal information and other personal information we collect, use, disclose, and sell about you, (b) the categories of sources from which we collected your sensitive personal information and other personal information, (c) the purposes for which we collect or sell your sensitive personal information and other personal information, (d) the categories of your sensitive personal information and other personal information (if any) that we have either sold or disclosed for a business purpose, and (e) the categories of third parties with which we have shared your sensitive personal information and other personal information;
• For certain categories of sensitive and other personal information, the right to request a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the past twelve (12) months and the names and addresses of those third parties;
• The right to request that we delete the personal information we have collected from you or maintain about you;
• The right to seek information about, and opt out of, any automated decision-making technology (if any); 
• The right to opt out of: (i) our sale(s) and sharing for the purposes of “cross-context behavioral advertising” (if any) of your personal information and (ii) the use and disclosure of your sensitive personal information;
• The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA/CPRA;
• The right to initiate a private cause of action for data breaches;
• The right to correct inaccurate personal information; and
• The right to limit use and disclosure of your sensitive personal information.

Requests to exercise your rights to your personal data can be made using the contact information detailed below in Further Information. 

If you want to exercise one of these rights please contact us at privacy@foleyhoag.com. You also have the right to make a complaint at any time to the supervisory authority for data protection issues in France, or, as the case may be, any other competent supervisory authority of an EU member state.

RIGHT TO WITHDRAW CONSENT
In case you have provided your consent to the collection, processing and transfer of your Personal Data, you have the right to fully or partly withdraw your consent. To withdraw your consent, please contact privacy@foleyhoag.com. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. In case we processed your Personal Data for direct marketing purposes, you have the right to object at any time, in which case we will no longer process your Personal Data for such marketing purposes.

HOW LONG WILL WE RETAIN YOUR INFORMATION?
We will only retain your Personal Data for as long as necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.

To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.

Upon expiry of the applicable retention period, we will securely destroy your Personal Data in accordance with applicable laws and regulations.

FEES
You will in general not have to pay a fee to exercise any of your individual rights mentioned in this Privacy Statement. However, we may charge a reasonable fee if your request to exercise your individual rights is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

CHANGES TO THIS PRIVACY STATEMENT
We reserve the right to update this Privacy Statement at any time, and we will make an updated copy of such Privacy Statement available on our website.

FURTHER INFORMATION
If you have any concerns or require any further information, please do not hesitate to contact us by email at privacy@foleyhoag.com or by phone at 1-800-482-3625.

Last Changed on 12/5/2024