This US Privacy Notice (“Notice”) contains additional information relevant to residents of certain states (listed below). This Notice is part of, and should be read in conjunction with, HSF Kramer’s global Privacy Policy. This Notice also serves as our notice at collection for personal information collected online or that you submit by email or phone.

If you are a resident of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah or Virginia, you may have certain rights regarding your personal information. This Notice describes those rights and how you can exercise them. Not all state privacy laws provide equal privacy rights. While we endeavor to respond to all privacy rights requests, we reserve the right to limit our response if we determine that your request is fraudulent or made in bad faith, or if the law otherwise does not require a response.

Notice of collection and disclosure of personal information

In addition to the processing of personal information described in our global Privacy Policy, which applies to you, some state privacy laws require us to disclose certain details of our data processing activities in the last 12 months. The following chart identifies the categories of personal information that we’ve collected within the last 12 months, the sources of that data, the business or commercial purposes for its collection, the categories of third parties to whom we’ve disclosed it, and the business or commercial purposes for such disclosure:

Category of Personal Information

Source

Business purposes for collection

Categories of third parties with whom it is shared and business purposes for sharing

Identifiers (such as a name, postal or email address, account name, Social Security number, driver’s license number, passport number, or signature)

You;

Clients or their counterparties (e.g., through diligence or discovery);

Public records or government entities;

Website analytics partners;

Marketing partners

Providing legal services;

Managing Client or counterparty information;

Responding to requests;

Website analytics;

Marketing

Service providers (e.g., document processors, IT support, e-discovery vendors) in connection with providing legal services;

Clients or their counterparties (e.g., other parties or their attorneys, expert witnesses) in connection with providing legal services;

Courts and/or other government entities in connection with providing legal services;

Social media and marketing partners (e.g., LinkedIn, Vuture) for our marketing, newsletters and other publications;

Website analytics partners (e.g., Google Analytics) to improve our site

Commercial information (such as records of personal property or other purchases)

You;

Clients or their counterparties (e.g., through diligence or discovery where relevant);

Public records or government entities;

Providing legal services;

Managing Client or counterparty information

Service providers (e.g., document processors, IT support, e-discovery vendors) in connection with providing legal services;

Clients or their counterparties (e.g., other parties or their attorneys, expert witnesses) in connection with providing legal services;

Courts and/or other government entities in connection with providing legal services

Internet or similar network activity (such as an IP address, browsing history or a consumer’s interaction with a website or email)

 

Please see our Cookie Policy for more information

You (through your browser or device);

Clients or their counterparties (e.g., through diligence or discovery where relevant);

Website analytics partners;

Marketing partners

Providing legal services;

Improving our Websites (e.g., tracking page visits);

IT support and maintenance;

Preserving our rights and legal defenses (e.g., investigating fraud); and

Securing our Websites (e.g., preventing hacking or misuse);

Website analytics and marketing

Service providers (e.g., document processors, IT support, e-discovery vendors) in connection with providing legal services;

Clients or their counterparties (e.g., other parties or their attorneys, expert witnesses) in connection with providing legal services;

Courts and/or other government entities in connection with providing legal services;

Social media and marketing partners (e.g., LinkedIn, Vuture) for our marketing, newsletters and other publications;

Website analytics partners (e.g., Google Analytics) to improve our site

Geolocation data (such as a person’s physical location or movements)

 

Please see our Cookie Policy for more information

You (through your IP address);

Clients or their counterparties (e.g., through diligence or discovery where relevant);

Website analytics partners (through your IP address)

 

Providing legal services;

Improving our Websites (e.g., tracking page visits);

IT support and maintenance;

Preserving our rights and legal defenses (e.g., investigating fraud); and

Securing our Websites (e.g., preventing hacking or misuse)

Service providers (e.g., document processors, IT support, e-discovery vendors) in connection with providing legal services;

Clients or their counterparties (e.g., other parties or their attorneys, expert witnesses) in connection with providing legal services;

Courts and/or other government entities in connection with providing legal services;

Website analytics partners (e.g., Google Analytics) to improve our site

 

Categories listed in Cal. Civ. Code § 1798.80(e) other than Identifiers (such as physical characteristics, employment history, financial information, or medical or health insurance information);

Protected characteristics under California or federal law (such as age, race, ancestry, citizenship, religion, marital status, medical condition, gender identity or expression, pregnancy or childbirth, sexual orientation, veteran or military status, or genetic information); and

Biometric information (such as fingerprints or other physical patterns)

You;

Clients or their counterparties (e.g., through diligence or discovery);

Public records or government entities

We generally do not collect this type of information unless it directly relates to a legal service we provide

Service providers (e.g., document processors, IT support, e-discovery vendors) in connection with providing legal services;

Clients or their counterparties (e.g., other parties or their attorneys, expert witnesses) in connection with providing legal services;

Courts and/or other government entities in connection with providing legal services

Sensory data (such as any audio, electronic, visual, or similar information)

You;

Clients or their counterparties (e.g., through diligence or discovery);

Public records or government entities

Providing legal services (e.g., audio or video recordings for depositions or other legal proceedings)

Service providers (e.g., video services providers, web conferencing providers, IT support, e-discovery vendors) in connection with providing legal services;

Clients or their counterparties (e.g., other parties or their attorneys, expert witnesses) in connection with providing legal services;

Courts and/or other government entities in connection with providing legal services

Professional or employment-related information (such as job history or performance evaluations); and

Nonpublic education information (such as transcripts, financing, or disciplinary records)

You;

Service providers (e.g., recruiters, background investigation services)

Providing legal services;

Considering applications for a potential role, job opportunity, consultant, expert, or partnership

Service providers (e.g., recruiters, background investigation services) in connection with considering your application for employment or other association with our firm;

Clients or their counterparties (e.g., other parties or their attorneys, expert witnesses) in connection with providing legal services;

Courts and/or other government entities in connection with providing legal services

Inferences drawn from other Personal Information (such as a profile reflecting a person’s preferences, characteristics, trends, predispositions, behavior, attitudes, intelligence, abilities or aptitudes)

You;

Clients or their counterparties (e.g., through diligence or discovery);

Public records or government entities

We generally do not collect this type of information unless it directly relates to a legal service we provide

In rare cases, we may disclose information in this category to:

Service providers (e.g., document processors, IT support, e-discovery vendors) in connection with providing legal services;

Clients or their counterparties (e.g., other parties or their attorneys, expert witnesses) in connection with providing legal services;

Courts and/or other government entities in connection with providing legal services

Your account login combined with a password

You

We only collect this information for access to our secure online resources or mobile applications

Service providers (e.g., IT support) for managing our secure online resources or mobile apps

Other Sensitive Personal Information (such as precise geolocation, sex life, sexual orientation, status as transgender or nonbinary, or health or medical information; religious or philosophical beliefs; status as a victim of a crime; genetic data, neural data, union membership; the contents of your communications where we are not the intended recipient; or personal information of children).

You;

Clients or their counterparties (e.g., through diligence or discovery);

Public records or government entities

We generally do not collect this type of information unless it directly relates to a legal service we provide

In rare cases, we may disclose information in this category to:

Service providers (e.g., document processors, IT support, e-discovery vendors) in connection with providing legal services;

Clients or their counterparties (e.g., other parties or their attorneys, expert witnesses) in connection with providing legal services;

Courts and/or other government entities in connection with providing legal services

 

For all of the categories listed above: (i) we do not sell your personal information or use it for targeted or cross-context behavioral advertising; (ii) we do not create profiles on individuals that produce legal or similarly significant effects; and (iii) we keep your personal information for the time period necessary to achieve the legitimate business purposes outlined in this Notice, taking into account the business needs and efficiencies related to providing our services and products (such as resolving disputes, establishing legal defenses, conducting audits and enforcing agreements), the applicable statute of limitation periods and the records retention requirements under applicable law.  Please see our global Privacy Policy for more information.

Your privacy rights

Depending on your state of residence, you may have the right to:

  • Request to know more about the personal information that we collect, use, and disclose.  Once we receive and verify your request, we may disclose:
    • The categories of personal information we’ve collected about you
    • The categories of sources for the personal information we’ve collected about you
    • Our business or commercial purpose for collecting and/or selling that personal information
    • The categories of personal information that we’ve shared with third parties
    • The categories of third parties with whom we’ve shared that personal information (residents of Delaware, Minnesota and Oregon have the right to request a list of such third parties)
    • The specific personal information we’ve collected about you
  • Request to access your personal information, including in a portable, easily readable format
  • Request to delete your personal information, subject to certain exceptions
  • Request to correct inaccurate personal information
  • Opt-out of the sale or sharing of personal information for targeted or cross-context behavioral advertising, or opt-out of profiling that produces legal or similarly significant effects (note: we do not engage in these practices)
  • Opt-out of the use of Sensitive personal information, request to limit such use, or withdraw prior consent to such use, and
  • Not be discriminated against for exercising these rights.

Exercising your privacy rights

If you would like to exercise any of the privacy rights described above, you may do so by following the instructions on the form found here. Alternatively, you may make the same request by calling +1 833 422 7117, or by emailing [email protected].

For verifiable requests to know, access, delete, or correct, in order to protect your personal information, we are required to verify that any person making a request under this section is in fact you or your authorized agent. In order to verify the identity of the person making a request, we may ask you to provide the following information: full name, organization name, email or mailing address, phone number, and your Herbert Smith Freehills Kramer lawyer or staff contact. We will use this information only for the purposes of verifying that your request is authentic.

Please note that we do not require you to verify your identity, or provide additional personal information, to submit a request to opt-out of the sale or sharing of your personal information, or a request to limit the use of your sensitive personal information.  For personal information gathered through our website, you may also exercise your request to opt-out of sale or sharing, or your request to limit the use of your sensitive personal information, by selecting these options through our cookie banner or our cookie manager, which is available by clicking the “C” icon in the bottom left corner of our webpages.

You may designate an authorized agent to act on your behalf to make a privacy request. If you use an authorized agent, for verifiable requests to know, access, delete, or correct, we may require that you provide your authorized agent with written permission to exercise your privacy rights, and that you verify your own identity with us through the processes described above. If your authorized agent does not submit proof that they have been authorized by you to submit these verifiable requests, we reserve the right to deny such a request and will explain why we have denied the request. We do not require proof of authorization for non-verifiable requests to opt-out of sale/sharing or requests to limit the use of sensitive personal information.

Once we receive your request, we will respond within 10 business days and inform you if we need any more information in order to verify your request. We will provide the information you requested within 45 days of your request. If we require more than 45 days to respond to your request, we will inform you of the reasons why. In the event that we deny your request, in whole or in part, we will inform you of the basis for its denial.

Universal opt-out mechanisms and Do Not Track signals

You may also choose to install Universal Opt-out Mechanisms (UOOMs) on your browser. UOOMs are browser signals that indicate a user’s intent to opt-out of some uses of their personal information on websites they visit. If our site recognizes that your browser is expressing a UOOM, we will treat it as a request to opt-out of the sharing of your personal information and limit the use of your sensitive personal information collected by our site. Although we will respond to UOOMs, please note that we do not alter our Websites’ data collection and use practices when we see a Do Not Track signal from your browser.

In some cases, we may not be able to link the UOOM of your browser to other personal information that we have collected from you by other means. To express your intent to opt-out of our processing of personal information that we may have collected from you outside of our Websites, please see the section titled “Exercising your privacy rights” above.

Your right to appeal our response to your privacy rights requests

Residents of Colorado, Connecticut, Minnesota, Montana, Oregon, Texas, and Virginia have the right to appeal our decisions in response to the exercise of your privacy rights requests. To initiate an internal appeal, please contact us by filling out the form found here or by calling +1 833 422 7117. We will respond to your request for an internal appeal within 45 days. If you are unhappy with the results of your appeal, you may contact your state attorney general.

Contact Us

If you have questions about this Notice, or you believe we have violated any of your privacy rights, please contact us by sending an email to [email protected] or by writing us at:

Herbert Smith Freehills Kramer LLP
Attn: Privacy Counsel
1177 Avenue of the Americas
New York, NY 10036

Last updated: April 2025.