Bingham

Bingham

Privacy Policy

Effective: 5/29/2012

Overview

The Bingham McCutchen website is located at http://www.bingham.com (the Site) and is owned and operated by Bingham McCutchen LLP.

This website Privacy Notice (Notice) describes the personally identifiable and non-personal information Bingham McCutchen collects in connection with your use of the Site (Personal Information and Non-Personal Information, respectively). This Notice does not address any other information exchanges between you and Bingham McCutchen, including information gathered by us in the course of a client relationship (if any) between you and Bingham McCutchen, or information gathered by us from you on behalf of our client(s). If you do not agree with the terms and conditions of this Notice, do not use the Site.

We recognize that our clients expect privacy and security for the nonpublic information they provide to us. As lawyers, we have been and continue to be bound by professional standards of confidentiality with respect to all nonpublic information we receive in the course of our representation of our clients. However, if you choose to submit Personal Information to us via this Site, and subject to your choices, we will use your Personal Information in accordance with this Notice, until such time as you ask us to stop.

Your submission of Personal Information, whether through this Site or otherwise, does not in and of itself result in the formation of an attorney-client relationship.

Unless you provide it to us voluntarily, Bingham McCutchen does not collect Personal Information about you in connection with your requests for publications and other informal information, other than your computer’s IP address. Your computer’s IP address is used solely for quality control and Site management purposes.

Please read this Notice carefully to learn how you can verify the accuracy of your Personal Information and how you can request us to delete or update that information.

Bingham McCutchen does not want to collect Personal Information from minors (children under 13 years of age, or any other age defined under applicable law). If we become aware that a minor is attempting to or has submitted Personal Information via this Site, we will notify the user that we may not accept his or her Personal Information. We will then delete any such Personal Information from our records.

What information do we ask you to submit?

In order to accommodate your requests for publications and other information, you may be asked to submit your first and last name, company affiliation (if any), title, and email address. If you choose to receive our publications via postal mail, we will ask you for your mailing address.

In addition, we may ask you to designate a password, which will be used solely to verify your identity when you request access to or changes in your Personal Information. You should maintain your password in secrecy to prevent its disclosure to any third party. Please notify Bingham McCutchen immediately by sending an email to info@bingham.com if you become aware that an unauthorized individual has obtained your password.

We occasionally may conduct surveys among users which request the provision of Personal Information such as name and email address, as well as Non-Personal information regarding your experience on our Site. You may be selected for participation in such surveys based upon the personal information options (Personal Information Options) you select at this Site. Participation in these surveys and the corresponding submission of Personal Information are voluntary.

How will we use your information?

We will use the information you submit (i) to send you materials that you have requested; (ii) to respond to your email queries; (iii) at your option, to notify you of other communications that may be of interest to you; (iv) in the administration of the Site; and (v) as otherwise described in this Notice.

To whom do we disclose your information?

Subject to our professional standards and applicable law, we and our Service Providers (as defined below) disclose your Personal Information:

  • To our affiliates, which currently include Bingham Consulting; Bingham Strategic Advisors; Bingham McCutchen Murase, Sakai Mimura Aizawa; Bingham McCutchen (London) LLP; and Roome Puhar;
  • To unaffiliated third parties that are under contract to perform services for or on behalf of Bingham McCutchen (Service Providers) and are required to uphold and maintain policies with respect to privacy and the treatment of your Personal Information (e.g., vendors maintaining Bingham McCutchen’s computer databases or performing marketing activities for Bingham McCutchen relating solely to services provided by Bingham McCutchen and its affiliates); and
  • To other persons, including law enforcement officials, as permitted or required by applicable law or regulation.

Any access to such information will be limited to the purpose for which such information was provided to the affiliate or Service Provider. Our affiliates and Service Providers may be located throughout the world. Accordingly, your Personal Information may be sent to countries that have a different level of privacy protection than the United States of America (USA) or your country of residence. Bingham McCutchen will, at your request, provide you with details of recipients and countries to which your Personal Information has been sent.

In addition, federal, state and foreign laws give people with governmental, regulatory or supervisory responsibility, and those involved in lawsuits and other legal proceedings, the right under certain circumstances to obtain information from us, our affiliates and from our Service Providers, including your Personal Information. Subject to our professional standards, you should understand that Bingham McCutchen, our affiliates and Service Providers will comply with these laws to the extent we and they are required to do so.

Sale or Transfer of Information

In the event of a sale, merger, liquidation, dissolution or transfer of part of the business, trade or assets of Bingham McCutchen and/or any of its individual affiliates, all Personal Information collected about you via this Site may be sold, assigned, or transferred to the party acquiring all or substantially all of the equity or assets or business of Bingham McCutchen and/or our affiliates. Subject to your election to opt out as described below, by using this Site, you consent to the sale and transfer of your information as described in this paragraph.

Links and Third Party Websites

This Notice applies only to http://www.bingham.com. This Site may include links to the websites of both our affiliated and non-affiliated entities (Other Sites), including access to content, products and services of such affiliated and non-affiliated entities. In some cases, these Other Sites may have the same (or a similar) look and feel as our Site and therefore may appear to be part of our Site. However, whenever you choose to access Other Sites or non-Bingham McCutchen content via the Bingham McCutchen Site, a separate browser window will launch and you will leave the Bingham McCutchen Site. We urge you to familiarize yourself with the individual privacy and other terms for each linked site prior to submitting your personal information.

How can you opt out or request changes to how your personal information is handled?

If you would like to receive a copy of the Personal Information we have about you, please send a request to privacyUS@bingham.com or privacyUK@bingham.com respectively, and we will make all reasonable efforts to comply with your request, subject to legal and other professional requirements. If this information is incorrect or incomplete, please let us know, and we will correct or update it promptly (unless we require further information from you in order to fulfill your request) and in any event in accordance with applicable laws. You may also ask us to remove your name and other Personal Information from our database, in which case we will make all reasonable efforts to do so subject to legal and other requirements.

In order to stop receiving electronic communications from us, you may unsubscribe to our publications and other communications by following the unsubscribe directions included in each email we send. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact our United States Privacy Administrator at privacyUS@bingham.com or our UK Privacy Administrator at privacyUK@bingham.com.

How will we notify you if this notice changes?

We will post any material changes to this Notice at least 30 days prior to the changes taking effect. If we do make material changes to this Notice that affect our treatment of your Personal Information, we will provide you with an email or postal mail notice and a choice to opt in under the terms of the revised Notice. After the changes take effect, all newly collected Personal Information will be subject to the terms of the revised Notice (Revised Notice), and all previously collected Personal Information will be handled in accordance with your response to our opt-in notice (in accordance with the Revised Notice if you opt in and in accordance with the previous Notice if you do not opt in).

How do we protect your information and where is it stored?

Bingham McCutchen maintains physical, electronic and procedural safeguards to protect your Personal Information. Your information is stored within secure operating environments, and Bingham McCutchen’s personnel and affiliates are trained to maintain the privacy and security of your Personal Information consistent with this Notice.

The Personal Information that you submit via this Site is stored on servers in the USA. The storage on servers in the USA is necessary for the purposes described in this Notice. If you are located in another jurisdiction, you should be aware that once your Personal Information is submitted, it will be transferred to our servers in the USA using secure encryption-based transmission services and that the USA currently does not have uniform data protection laws in place.

Consent to processing

Subject to your opt-out choices and all of the provisions contained in this Notice, you hereby consent to the collection, processing and transfer by Bingham McCutchen of your Personal Information for the purposes described under this Notice, including but not limited to the transfer of such Personal Information between Bingham McCutchen and its Service Providers and affiliates in accordance with this Notice. Your consent to our right to transfer Personal Information in accordance with this Notice includes consent to the transfer of your Personal Information to jurisdictions that may have different levels of privacy protection than that available to you under your local law.

Do we use cookies and other tracking mechanisms?

Please visit our cookie usage page for complete information about cookies used on our websites.

Other Terms

Your use of our Site is subject to and contingent upon your agreement with our Website Terms, which are hereby incorporated by reference.

Except as described in this notice, and subject to your choices, Bingham McCutchen will not use your Personal Information for any other purpose unless we first obtain your express authorization.

If you have questions concerning this Notice, including enforcement of this Notice, please contact our US or UK Privacy Administrator at 866.749.3064 or 08.0.8234.4626 respectively, or via email at privacyUS@bingham.com or privacyUK@bingham.com.

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