Kutak Rock LLP (“Kutak Rock”, “our”, “us” or “we”) is committed to treating our visitors (“you”) with transparency and integrity. This Privacy Notice provides an overview of what information Kutak Rock may collect from you, and how it may be used.
This Privacy Notice governs our practices regarding any data that we receive through the Kutak Rock website (www.kutakrock.com) and any online feature, service or program offered by Kutak Rock (collectively, the “Web Properties”). It does not apply to any website, application or data owned by any entity other than Kutak Rock, nor does it apply to information collected in connection with our representation of any client.
Please note: Under no circumstances will an attorney-client relationship arise via use of the web properties, and information submitted via the web properties is not subject to attorney-client privilege. An Attorney-Client relationship can be formed only via a written engagement signed by an authorized Kutak Rock attorney.
Types of Information Collected
Kutak Rock may collect two types of information from you via the Web Properties: Personal Information and Browsing Information.
Kutak Rock may collect the following categories of information (collectively, “Personal Information”):
Contact information e.g., your name, mailing address, telephone number, email address);
Demographic information (e.g., date of birth, gender);
Resume information (e.g., education, work and military history, legal work eligibility status); or
Other information specific to you.
Kutak Rock may also collect non-individualized, generic information about you when you visit the Web Properties (“Browsing Information”). This may include, among other things, Internet Protocol (or IP) address, device ID/UDID or protocol and sequence information; browser language and type; domain name system requests; browsing history, such as time spent at a domain, time and date of your visit and number of clicks; http or https headers, application client and server banners; operating system and other device information; or similar behavioral and usage information.
Use of Collected Information
We may use personal and browsing Information to provide services to you [or any third party service provider who is obtaining services on your behalf or in connection with a transaction involving you] to improve our Web Properties for you or for any third party service provider; or to communicate with you and to inform you about Kutak Rock’s and third parties’ products and services, jointly or independently. We may use comments, information or feedback that you submit in any manner we choose without notice or compensation to you.
We may disclose Personal Information or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to comply with a legal process and applicable laws; to enforce this Privacy Notice; to respond to claims that any materials on the Web Properties violate the rights of a third party; or to protect the rights, property or personal safety of Kutak Rock, its users or the public.
We may provide Personal Information or Browsing Information to our affiliates and other businesses or persons in order to process such information on our own behalf; provide legal services to you and on your behalf; or promote our services and the services of our affiliates and trusted business partners as permitted by applicable privacy law. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner that complies with applicable privacy laws, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by a trusted business partner may be subject to that party’s own Privacy Notice.
We may share Browsing Information with third parties to demonstrate the usage patterns for Kutak Rock’s advertisements, content, functionality, promotions or services on the Web Properties and to provide us with analytics services in connection with the Web Properties.
We reserve the right to disclose Personal Information or Browsing Information to take precautions against potential liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Web Properties, or to protect the rights, property or personal safety of Kutak Rock, our users or others.
We reserve the right to transfer your Personal Information, Browsing Information, and any information about or from you, in connection with the merger, sale or other disposition of all or part of Kutak Rock’s business or assets. We cannot and do not make any representations regarding the use or transfer of your Personal Information, Browsing Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors.
You expressly agree and consent to the use or transfer of the foregoing information in connection with any of the proceedings described in this Section.
How Information is Collected
What is a cookie? A cookie is a small piece of data that your browser stores on your computer’s hard drive and is used to collect information, such as identifying those areas of the Web Properties that you have visited in the past in order to enhance your next visit to the Web Properties.
What types of cookies do we use?
There are four main types of cookies that websites use to distinguish visitors from each other, provide a better website experience, improve the performance and usefulness of a website, or market to visitors.
Necessary Cookies. Necessary cookies enable basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
- Preference Cookies. Preference cookies enable a website to remember information that changes the way the website behaves or looks, such as your preferred language or region, which improves your experience on the website.
- Statistics Cookies. Statistic cookies help website owners understand how visitors interact with websites by collecting and reporting anonymous or pseudonymous information.
- Marketing Cookies. Marketing cookies are used to track visitors across websites. These cookies may be used to display advertisements that are more relevant and engaging for the individual user, and thereby more valuable for publishers and third party advertisers.
Some cookies (called “session” cookies) will be erased when you close the web browser. Other cookies will remain on your computer after the browser is closed until they reach their specified expiration date. Until removed, these cookies will become active again whenever the website that placed them is reopened. Any cookies that we place can be deleted by you, at any time, and do not collect any information when you are not accessing the website.
Kutak Rock may place any of these types of cookies on our website.
Choices with Your Information
Whether you submit Personal Information or allow cookies to submit Browsing Information to Kutak Rock is entirely up to you. If you decide not to submit Personal Information or allow cookies to submit Browsing Information, Kutak Rock may not be able to provide certain content, features and functionality to you. You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by following the instructions at the end of this Privacy Notice, or by following the procedures set forth in an electronic communication from us, if applicable. There are some uses from which you cannot opt-out, such as our use of information about you in connection with providing support that you request for the Web Properties, Kutak Rock retaining information related to providing legal services to you, or Kutak Rock enforcing its rights with respect to you or others, or defending itself against a claim brought by you or others.
Employment Opportunity Information
For individuals interested in job opportunities with Kutak Rock, the Web Properties may allow prospective applicants to request additional job opportunity information or submit a response to a job opportunity. The Web Properties may be used to collect Personal Information from prospective applicants for human resources recruitment purposes. By submitting any of the foregoing information, you consent to its dissemination to, and use by, us and our affiliates. The foregoing also applies to job application inquiries that you may transmit to us other than through the Web Properties.
Information From Children
The Web Properties are not intended or designed to attract children under the age of 13. We do not knowingly collect personal information via the Web Properties from any person under the age of thirteen. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as the web properties are not intended for children under 13 who are unaccompanied by his or her parent or legal guardian. We encourage all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet.
Privacy on Websites Other Than the Web Properties
The Web Properties may contain various links to other websites, including links to various third-party service providers. Kutak Rock is not and cannot be responsible for the privacy practices or the content of any of those other websites. Please check with those websites in order to determine their privacy policies and your rights under them.
European Union Users
The European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, “GDPR”) gives certain rights to European data subjects in relation to their personal data. Kutak Rock does not intend, by publishing the Web Properties or otherwise, to offer its services to persons located in Europe. The Web Properties are hosted in the United States and are governed by United States law. If you are using the Web Properties from outside the United States, please be aware that your Personal Information or Browsing Information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in other countries. By using the Web Properties, you consent to your Personal Information and Browsing Information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Notice.
- In the event GDPR applies to your use of the Web Properties and to Kutak Rock, we will only process your personal data when we have a legal basis to do so. We may obtain that basis by your consent, or in situations where our processing is necessary: for the performance of legal services for you; to comply with our legal obligations; to pursue our legitimate interests; or to establish or defend a legal claim.
- If GDPR applies to your use of the Web Properties and to Kutak Rock, you may have the following rights under some circumstances.
- The right request information about what personal information we have about you.
- The right to request rectification, deletion and limitation of the processing (blocking) of your personal information as long as this is legally permissible and possible within the framework of an existing contractual relationship.
- The right to request a transfer of the personal information that you have provided us on the basis of a consent or a contract (data portability).
- If you have given us consent for personal information processing, the right to revoke it at any time in the same way that you granted it. The revocation of the consent does not affect the legality of the processing done before you revoked your consent.
To exercise these rights, contact us by one of the methods set forth at the end of this Privacy Notice. We will respond to your request within thirty days. We may not be able to accommodate your request in every situation, but if that is the case, we will still notify you. We may charge you an administrative fee for subsequent requests.
If you are a data subject in the European Union and you believe that our processing of your personal data infringes applicable law, you may submit a complaint with a supervisory authority. Contact the Data Protection Authorities in the European Union
Your California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide certain personal information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities).
To obtain this information from Kutak Rock, please send an email message to [email protected] with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.
We maintain appropriate, industry-standard technical and organizational measures and safeguards to keep the Personal and Browsing Information that is disclosed to us secure. We make every reasonable effort to ensure that information collected through the Web Properties is not lost, misused or altered inappropriately by administering security measures. However, all information transferred over the Internet can potentially be accessed by unauthorized parties; therefore, Kutak Rock cannot guarantee the security of your data transmitted via the Web Properties or be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us via the Web Properties, and we urge you not to transmit any confidential information via the Web Properties.
The period of time for which Kutak Rock will hold your Personal Information or Browsing Information varies depending on the context.
- If Personal Information received via the Web Properties is incorporated into a file as part of our representation of you or your employment with us, that information will generally be held until disposed pursuant to our Document Retention Policy.
- If your information was collected for any purpose other than our representation of you or your employment with us, we will keep your information until (whichever is shorter) you direct us to stop or we determine we will cease marketing to you.
- In addition, we may maintain some portion of your information in order to maintain our internal marketing opt-out list, and any of your information that is stored in our physical files or electronic records will be held until it is purged pursuant to our Document Retention Policy.
“Do Not Track” Signals
Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, the Web Properties currently do not alter their operations when they receive a “Do Not Track” signal from a visitor’s browser. Find out more about “Do Not Track.”
Certain functionality on the Web Properties is specifically designed to permit interactions that you initiate between the Web Properties and third party websites or services, including third party social networks (“Social Features”). Examples of Social Features include enabling you to transmit content to the Web Properties from your account on a third party website or service, or to “like,” “share,” other otherwise interact with content on the Web Properties using other websites or services. If you choose to use Social Features, information you post or provide access to may be publicly displayed on the Web Properties or by the provider of the Social Feature that you use. Similarly, if you post information on a third party platform that references Kutak Rock (e.g., by using a hashtag associated with Kutak Rock in a tweet or status update), your post may be published on the Web Properties in accordance with the terms of the third party website or service. In addition, both Kutak Rock and the third party may have access to certain information about you and your use of the Web Properties and the third party site or service. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connections” web pages, profile pages, or similar pages on a social networking or other third party website or interactive service. The information we collect in connection with Social Features is subject to this Privacy Notice. The information collected and stored by the third parties remains subject to those third parties’ privacy practices, including whether the third parties continue to share information with us, the types of information shared and your choices with regard to what is visible to others on those third party websites or services.
Kutak Rock, and its affiliates and employees, abide by and respect all ethical obligations applicable to them and us. Nothing in this Privacy Notice is intended to or shall denounce, diminish or replace any of such foregoing ethical obligations.
Access and Correction
Please contact us in the manner specified at the end of this Privacy Notice to access your Personal Information in our possession and correct inaccuracies of that information in our records. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation.
Your Consent to this Privacy Notice
By submitting Personal Information or allowing cookies to submit Browsing Information to Kutak Rock, you consent to the collection and use of information by us as specified in this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on this web page. Each time you provide information to us, or we receive information from you, following any amendment of this Privacy Notice will signify your assent to and acceptance of the Privacy Notice as revised.
If you have additional questions or comments or would like to contact us for any of the reasons specified above, please let us know by email or by sending your comments or requests to:
Kutak Rock LLP
1650 Farnam St.
Omaha, NE 68102
Copyright © 2018. Kutak Rock LLP.
All Rights Reserved.