Privacy Policy

Arent Fox Privacy Policy

This Privacy Policy describes the way that Arent Fox LLP (“Arent Fox,” “we,” “us” or “our”) collects and uses the personally and nonpersonally identifiable information that it collects on the website located at www.arentfox.com and any other websites, mobiles apps, or online services that Arent Fox owns and controls (the “Sites”). This Privacy Policy does not apply to information collected offline, and it does not describe Arent Fox’s use of information when a client relationship is in place because, as a law firm, client information is used in accordance with strict attorney ethical rules. Thus, this Privacy Policy does not apply to information that is exchanged as part of an attorney-client relationship. For more information about attorney-client relationships and the use of our Sites, click here.

Information We Collect

We may collect two types of information about you when you visit our Sites, contact us with questions or seek an employment opportunity at Arent Fox: (1) personally identifiable information (such as your name, address, telephone number, e-mail address, education and employment information), and (2) nonpersonal, aggregate information (such as information regarding the pages on our site you have visited).

Personally Identifiable Information

The only personally identifiable information that Arent Fox collects and stores about you is the information that you have chosen to provide to Arent Fox. For example, you may submit information by clicking on various links offered on our Sites, such as on the “Contact” page, by contacting an individual Arent Fox attorney via an e-mail address provided in a hyperlink, or by subscribing to a newsletter or legal alerts. In such instances, Arent Fox may collect your name, address, e-mail address and other personal information so that we can respond to your request or question. We also may collect personally identifiable information from you if you apply for a job via our Sites.

Nonpersonally Identifiable Information

Arent Fox also collects nonpersonally identifiable information about your visit to our Sites. This information is aggregated and cannot be used to identify you personally.


Cookies and Similar Technologies

We use, and allow certain third parties to use, cookies and other similar technologies to provide our services and to help collect data. We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. Different cookies are used to perform different functions, which we explain below:

  • Essential. Some cookies are essential in order to enable you to move around our Sites and use their features, such as accessing secure areas of the Sites. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
  • Browsing and functionality. These cookies allow us to remember choices you make on the Sites, such as your preferred language, and provide enhanced, more personalized features.
  • Performance and analytics. We use our own cookies and third party cookies to see how you use our Sites in order to enhance their performance and develop them according to your preferences. We use Google Analytics, for example, to track website usage and activity. You can opt-out of the Google Analytics Advertising Features we use by indicating your preference using the interest-based opt-out link here. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics here.

There are several ways to manage cookies. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. Please note, however, that by blocking or deleting cookies which are “strictly necessary,” you will not be able to access certain features of our Sites.

In the US, the Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.


Use of Your Information

1. Use of Your Personally Identifiable Information

Arent Fox uses the personally identifiable information that is collected via its Sites primarily for the following purposes:

  • To deliver requested information to you, such as sending you newsletters or legal alerts or information regarding educational seminars or other events that we believe may be of interest to you.
  • To process your request for employment.
  • To complete any other transaction or service requested by you.
  • To notify you about a material change to this Privacy Policy or the Terms of Use, if necessary.
  • If Arent Fox collects your personally identifiable information for one of the purposes described above, it may store such information on its servers or in one (or more) of its databases. If you do not want Arent Fox to use and store your information in accordance with this policy, please do not submit any personally identifiable information to Arent Fox or its attorneys.

2. Use of Nonpersonally Identifiable Information

Arent Fox uses your nonpersonally identifiable information to manage its Sites. Arent Fox may analyze the data about visits to the Sites to make them more accessible and interesting for visitors. Arent Fox may share that data with third parties, usually to provide services for Arent Fox associated with the maintenance of the Sites.


Legal Bases for Processing

We base the above mentioned processing activities of your personally identifiable information on the following legal bases:

  • Processing for the purpose of delivering requested information to you is based on your consent (Art. 6 para. 1 sentence 1 a) General Data Protection Regulation (GDPR).
  • Processing for the purposes of handling requests for employment, completing a transaction requested by you, and notifying you about changes to our policies is necessary to establish and fulfill a contract with you (Art. 6 para. 1 sentence 1 b) GDPR.

Sharing and Disclosure of Information

1. Personally Identifiable Information

Arent Fox may share or disclose your personally identifiable information in the following instances:

  1. To fulfill a service to you. For example, if you choose to attend a webinar or other educational seminar advertised or promoted by Arent Fox, we may share your personally identifiable information with a third party in order to provide that service to you.
  2. To process a request made by you. For example, if you apply for a job via our Sites, we may share your information with third-party headhunters or other third parties in order to analyze and fulfill your request for employment.
  3. To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, maintaining and analyzing data and sending customer communications on Arent Fox’s behalf). We seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any purpose other than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Sites will have access to users’ personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not submit any personally identifiable information to us.
  4. To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of Arent Fox or act in urgent circumstances to protect the personal safety of our end users.
  5. To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions and sales of all or substantially all of our assets.
  6. To track and analyze nonidentifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your personally identifiable information to any third parties.

2. Nonpersonally Identifiable Information

We use nonpersonally identifiable information collected on the Sites in the manner disclosed above. We may share this nonpersonally identifiable information with third parties.


Choice

If you receive an e-mail communication from  Arent Fox and you would prefer not to receive such an e-mail communication, please either notify the sender of that e-mail or follow the unsubscribe instructions in the e-mail. Arent Fox will take reasonable efforts to honor any such request and/or delete your information from its managed databases, if applicable.


Third-Party Web Sites

This online privacy policy does not apply to the Web sites of other companies, individuals or organizations to which we may provide links. These Web sites may have different policies relating to your privacy and information they collect about you. Visitors should consult other sites' privacy policies, as we have no control over information that is submitted to, or controlled by, third parties.


Bulletin Boards and Blogs

From time to time we may operate bulletin boards and/or blogs that serve to provide visitors with information. You are not required to submit any personal information with a posting on a bulletin board or if you leave a comment on a blog.


Assignment

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant Arent Fox the right to assign the personally identifiable and nonpersonally identifiable information collected via the Sites.


International Transfer of Information

If you choose to provide us with personally identifiable information, it may be stored in the United States and in other jurisdictions. If you are visiting our Sites from the European Union or other regions with laws governing data collection and use, please note that your personally identifiable information may be transferred to the United States, and to other jurisdictions, which may not have the same data protection laws as the European Union and may not afford many of the rights conferred upon data subjects in the European Union. You acknowledge that you understand: (i) your personally identifiable information may be used for the uses identified above in accordance with this Privacy Policy; and (ii) your personally identifiable information may be transferred to the United States, or other jurisdictions as indicated above.


Changes to this Privacy Policy

Arent Fox reserves the right to change this privacy policy from time to time. When we do, we will also revise the “Last Updated” date at the bottom of this privacy policy. For changes to this privacy policy that may be materially less restrictive on our use or disclosure of personally identifiable information that you have provided to us, we send a notice to the primary e-mail address that was provided to us by you and place a prominent notice on our Sites.


Security

No data transmissions over the Internet can be guaranteed to be 100 percent secure. Consequently, Arent Fox cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to Arent Fox is done at your own risk. Arent Fox has, however, implemented firewalls to discourage unauthorized access via the Internet.


Data Retention

We will keep your personal information for as long as necessary to perform the purposes set out in this Privacy Policy. Laws may require us to hold certain information for specific periods.


Your Individual Rights

For residents of the European Union, you may be entitled to ask us for a copy of your information, to correct it, erase or restrict its processing, or ask us to transfer some of this information to other organizations. You may also have the right to object to some processing activities and, where we have asked for your consent to process your information, to withdraw this consent. These rights may be limited in some situations, for example, where we can demonstrate that we have a legal requirement to process your information. In some instances, this may mean that we are able to retain your information even if you withdraw your consent.

We hope we can satisfy any queries you may have about the way we process your data. If you have any concerns about how we process your data, or would like to opt-out of receiving marketing communications, please contact us at privacy@arentfox.com.

For residents of the European Union, in the event you have unresolved concerns, you also have the right to complain to a data protection authority.


Special Policy Regarding Information from Children Under 13

Arent Fox and its Sites are not targeted to children under the age of 13, or 16 in the European Union, and Arent Fox does not knowingly collect personally identifiable information from any child under the age of 13, or 16 in the European Union, without parental consent. If we become aware that such data has been collected, we will delete it.

We hope you enjoy your visit to our Sites. If you have any questions about the collection and use of information via our Sites, please send an e-mail to privacy@arentfox.com.


Dispute Resolution

By using the Sites, you and Arent Fox agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Arent Fox LLP at 1717 K Street NW, Washington, DC 20006.

Both you and Arent Fox agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the District of Columbia metropolitan area before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.


Choice of Law and Forum

You agree that the laws of the District of Columbia govern the Privacy Policy and any claim or dispute that you may have against us, without regard to D.C.’s conflict of laws rules. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the District of Columbia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THIS PRIVACY POLICY, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE DISTRICT OF COLUMBIA FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Last Updated: May 25, 2018