FAEGRE DRINKER BIDDLE & REATH LLP

Effective Date: February 1, 2020

Your privacy is important to us.  Please read the below privacy notice to understand Faegre Drinker's online information practices and your related choices.

This Privacy Notice (the “Privacy Notice”) explains how Faegre Drinker Biddle & Reath LLP (“Faegre Drinker,” “we” or “us”) collects, uses and discloses information about you when you use www.faegredrinker.com, other websites owned and operated by Faegre Drinker (collectively, the “Site”), and other online services (collectively, the “Services”). This Privacy Notice also applies when you attend our events or when you otherwise interact with us as described below, unless we state that a different Privacy Notice applies.

The effective date of this Privacy Notice is posted above. We may update this Privacy Notice from time to time. If we make updates, we will notify you by revising the date at the top of this Privacy Notice, and if required by law, we may provide you with additional notice (such as by adding a statement to our Site homepage or by sending you an email).  We encourage you to review this Privacy Notice whenever you access the Site or the Services to stay informed about our information practices and the choices available to you.

For individuals located in the European Economic Area (“EEA”) or whose personal information is processed in connection with the activities of our London office, please pay particular attention to the section “European Data Protection Law” which, in addition to the general information in this Privacy Notice, contains further information about our processing of your personal data, as required by European data protections laws.

INFORMATION WE COLLECT

Information You Provide to Us 
We collect information you provide directly to us. For example, we collect information when you interact with us as a client (or as a prospective or former client), create an account to access certain features of the Services, access or use any collaboration tools or participate in any interactive features of the Services, send us an email, fill out a form, respond to a survey, register for an event, apply for a job, interact with us on social media, or otherwise communicate with us.  The types of information we may collect include your name, username and password, postal address, email address, phone number, current occupation and business contact information, social security number, employment application information (including education and work history), social media username or handle, demographic information, preferences, state bar number and any other information you choose to provide.  

Information We Collect Automatically
When you access or use the Services, we collect certain information about you that is sent to us automatically by your web browser, including:

• Log Information. Information about your use of the Services, including your internet protocol address (“IP address”), the identity of your Internet Service Provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. An IP address is a unique number that is automatically assigned to your computer when you connect to the Internet. It is used to identify your computer's "location" in cyberspace, so that the information you request can be delivered to you. If you use a dial-up connection or a connection that assigns dynamic IP addresses, your computer will be assigned a new IP Address each time you connect to the Internet. If, however, your computer is permanently connected to the Internet using a static IP address, the IP address assigned to your computer will generally be the same each time you use your computer. Although it does not identify you by name, we treat your IP address as your personal information.

You should know, that when you access the Services by clicking on a link in an electronic communication you receive from us, your browser tells us that someone has clicked on a particular link in that particular electronic communication. We use this information to improve our marketing efforts. In addition, we review our server logs — which contain visitors' IP addresses — for security and fraud prevention purposes. If criminal activity is suspected, we may share our server logs and the personal information we have collected through the Services with the appropriate investigative authorities who could use that information to trace and identify individuals.

• Information Collected by Cookies and Other Tracking Technologies. Information collected by us or our third-party providers using various technologies, including cookies and web beacons (or pixel tags).  Cookies are small data files stored on your hard drive or in device memory that help us to, among other things, improve the Services and your experience, see which areas and features of the Services are popular and count visits. Web beacons are clear, electronic images that may be used on the Services or in our emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine if an email has been opened and acted upon. For more information, please refer to our Cookie Notice.
  
  
• Device Information. Information about the mobile device you use to access our mobile applications, including the hardware model, operating system and version, unique device identifiers and mobile network information.

Information from Other Sources

We may also obtain information from other sources and combine that with information we collect through the Services. For example, we may use information from LinkedIn to update information about you in our contact database. 

"Email a Friend" Features

Our Site contains features that allow you to forward information and personal messages to a colleague. When you use one of these features, we will ask you to provide your name and email address and your colleague's name and email address. We use this information only to customize and deliver your message. We do not store this information in our databases after your email is delivered.

HOW WE USE YOUR INFORMATION

We use information about you for various purposes, including to:

• Operate the Services and improve the content, functionality and usability of the Services;
• Provide legal services;
• Respond to your questions, comments and requests you have made through the Services (including our digital marketing tools);
• Contact you about products, services, offers, promotions, rewards and events offered by Faegre Drinker or our partners that we believe will be of interest to you (unless you have chosen not to receive these communications);
• Contact you with information and notices related to your use of the Services;
• Invite you to participate in surveys and provide feedback to us (unless you have chosen not to receive such invitations);
• Assess job applicants and make hiring decisions;
• Ensure our mailing lists are accurate, current and do not contain multiple entries for the same individual; and
• Monitor and analyze usage, trends and activities related to the Services to better understand your needs and interests.

HOW WE SHARE YOUR INFORMATION

We may share information about you as follows or as otherwise described in this Privacy Notice. We may also share aggregated or de-identified information, which could be derived from your personal information. This is not considered personal information in law as this information will not directly or indirectly reveal your identity.

• Service Providers. We may share your personal information with companies that perform services on our behalf and need access to your information to carry out their work for us, such as credit card verification, online recruiting, and web hosting service providers.

• State Bar Associations. We may share your name and bar number in connection with an application for CLE credit.

• Event Co-sponsors. Depending on your privacy preferences, we may contact you with information about seminars and other events sponsored by Faegre Drinker. Some of these events may be co-sponsored with other organizations.

• As Required by Law; For Public Safety. We may disclose personal information when we, in good faith, believe disclosure is appropriate to comply with the law or a legal obligation, including lawful requests by public authorities to meet national security or law enforcement requirements. Additionally, we may share your information if we, in good faith, believe your actions are inconsistent with our terms of use or policies, or to protect the rights, property and safety of any third party.

• Sale or Merger. In connection with, or during negotiations of, any merger, sale of Faegre Drinker's assets, financing or acquisition of all or a portion of our business to another company.

• Your Consent. With your consent or at your direction, including if we notify you that the information you provide will be shared in a particular manner and you subsequently provide such information.

YOUR CHOICES

In General

We respect your right to make choices about the ways we collect, use and disclose your personal information.

Direct Marketing

We will not use your personal information for direct marketing purposes, without your consent. We obtain your opt-in consent to our marketing communications via the Site. We include an "opt-out" link in electronic newsletters and promotional emails we send you, so that you can inform us that you do not wish to receive such communications from us in the future. If at any time you wish to be removed from our mailing lists, please contact us using the contact information provided at the end of this Privacy Notice. Please provide your full name, company name, postal address and email address so that we can locate you on our mailing lists. We will honor your request within a reasonable period of time and, in any event, within the time limits established by law.

Account Information

If you wish to access, update or correct your personal information, please contact us by email at privacy@faegredrinker.com or postal mail at Faegre Drinker Biddle & Reath LLP, 2200 Wells Fargo Center, 90 South Seventh Street, Minneapolis, MN 55402-3901, USA, Attn: Compliance Support. We will respond to you within a reasonable time period and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity. We reserve the right, subject to applicable law, to charge a reasonable fee to meet our costs in providing you with details of the personal information we hold about you. Please know that we may retain certain information as required by law or for legitimate business purposes. 

Our Other Web Sites

Faegre Drinker operates other web sites, including extranet sites we maintain for the convenience of our clients. This Privacy Notice applies only to this Site and not to any other site owned or operated by Faegre Drinker.

Links to Third Party Content and Other Websites

We may provide links to or embed videos hosted by third-party web sites, services, and applications, such as YouTube, that are not operated or controlled by Faegre Drinker. This Privacy Notice does not apply to third-party services, and we cannot take responsibility for the content, privacy policies, or practices of third-party services. We encourage you to review the privacy policies of any third-party service before providing any information to or through them.

DATA RETENTION AND STORAGE 

Data Retention

We store the information we collect about you for as long as is necessary for the purpose(s) for which we collected it and in accordance with applicable law and legitimate business interests.

When assessing the data retention period, we take into account the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Security of Information

We have reasonable and appropriate security measures in place to protect against the loss, misuse, and alteration of any personal information we receive about you. We maintain appropriate security standards to protect the personal information that we maintain.

Unfortunately, no data transmission or storage can be guaranteed to be completely secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) we cannot control security and privacy indefinitely; (b) the security, integrity, and privacy of information or data exchanged between you and us cannot always be guaranteed; and (c) any such information and data may be viewed or compromised when in transit by a third party.

Accuracy of Information

We strive to keep our records accurate and will make appropriate corrections when you notify us. Please let us know if there is incorrect information in any statements or other communications that you receive from us. If you would like to correct or update your personal information, please contact us at privacy@faegredrinker.com

Children Under the Age of Thirteen

Our Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted personal information on or through our Site without the consent and supervision of a parent or guardian, please contact us using the information provided below privacy@faegredrinker.com so that we can take appropriate action.

CALIFORNIA PRIVACY RIGHTS

Shine the Light

California Civil Code Section 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to other parties for their direct marketing purposes. To make such a request, please send an email to privacy@faegredriker.com with the subject “Shine the Light Request.”

California Consumer Privacy Act

If you are a California resident, we encourage you to review our California Privacy Policy for information about the additional rights you have under the California Consumer Privacy Act, California Civil Code Sections 1798.100–.199.

EUROPEAN DATA PROTECTION LAW

This section applies only to individuals who are located in the European Economic Area or to individuals whose personal information is collected through the Site or the Services in connection with the activities of our London office. Nothing is this section is intended to bind Faegre Drinker in respect of the personal information of any other individual.

For the purpose of applicable data protection laws in the European Union (including the General Data Protection Regulation (2016/679)), Faegre Drinker Biddle & Reath LLP is the data controller of your personal information.  For queries, contact us at privacy@faegredrinker.com.

Our Legal Grounds for Using Your Personal Information

We will only use your personal information when the law allows us to do so. Most commonly, we will use your personal information in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you (“Contract performance”);
• Where it is necessary for our legitimate interests (i.e. we have a business or commercial reason for using your information) and your interests and your fundamental rights do not override those interests (“Our legitimate interests”);
• Where we need to comply with a legal or regulatory obligation (“Compliance with our legal obligations”); or
• Where you consent (“Consent”).

We may process your personal information for more than one legal ground depending on the specific processing purpose for which we are using your information. Please contact us if you need details about the specific legal ground we are relying on to process your personal information.

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal ground which allows us to do so.

Your Rights

Subject to any local or national law exceptions, if you are a resident of the European Economic Area (“EEA”) or your personal information is processed in the context of the activities of our London office, you have certain rights:

• Access. Subject to certain exceptions, you have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.

• Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended.

• Deletion. In certain circumstances, you have the right to request that we delete personal information that we process about you.
• Restriction. You have the right to request that we restrict our processing of your personal information where: (a) you believe such information to be inaccurate, (b) our processing is unlawful but you oppose the deletion of your personal information, (c) we no longer need to process such information for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because we require the information in connection with legal claims, or (d) you have objected to the processing of your personal information.

• Portability. You have the right to request that we transmit the personal information we hold in respect of you to another data controller, where this is (a) personal information which you have provided to us, (b) the processing is by automated means, and (c) we are processing that information on the basis of your consent or in order to perform our obligations under a contract to you.

• Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.

• Withdrawing Consent. If we rely on your consent to process your personal information, you have the right to withdraw your consent at any time. This includes cases where you wish to opt out from marketing messages that you receive from us.
• Making a Complaint. You may make a complaint at any time with the national data protection authority in the EU country where you are based. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us at privacy@faegredrinker.com.

You may contact us at privacy@faegredrinker.com at any time to exercise any of the rights which apply to you. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights).

Cross-Border Data Transfers

We transfer personal information to jurisdictions as necessary for the purposes described above. In particular, our Site is hosted on servers located in the United States. To the extent permitted by law, such submission also constitutes your consent for the cross-border transfer.

With respect to transfers from the EEA to the United States and other non-EEA jurisdictions, we implement standard contractual clauses as approved by the European Commission, and other appropriate solutions to address cross-border transfers as required or permitted by Articles 46 and 49 of the General Data Protection Regulation.  Where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us.

Privacy Rights in Other Jurisdictions

You may have rights in relation to your personal information under applicable data privacy laws in other jurisdictions. If you wish to exercise any such rights, please contact us using the contact information below.

Contact Information

If you have any questions about this Privacy Notice or our data practices, please contact us:

Online Cookies Notice

FAEGRE DRINKER BIDDLE & REATH LLP

Effective September 21, 2018

Cookies and Similar Technologies. We use cookies, web beacons, and similar tracking technologies (collectively, “cookies”) on www.faegredrinker.com (our “Site”). Cookies are small amounts of data that are stored on your browser, device, or the page you are viewing. Some cookies are deleted once you close your browser, while other cookies are retained even after you close your browser so that you can be recognized when you return to a website. You can find more information about cookies and how they work at www.allaboutcookies.org and www.youronlinechoices.com.  

Cookies on our Site are generally divided into the following categories:

• Essential Cookies: These cookies are essential in order to enable you to move around our Site and use its features, such as accessing secure areas of our Site
• Analytical / Performance Cookies: These cookies include Google Analytics and Siteimprove and they keep track of the pages that you visit and content you access, so we can tailor our Site to our users’ needs and improve the performance of our Site.
• Functional Cookies: These cookies remember the choices you make, such as language options or the region you are in. These cookies personalize your experience when you use our Site.

Generally, the information we collect using these cookies does not identify you personally. If, however, you have created a user identity, for example, by subscribing to our publications or filling out forms, we may link the information we collect using cookies to other information that identifies you personally.

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You may also delete our cookies as soon as you leave our Site. Although you are not required to accept our cookies when you visit this Site, you will not be able to use all of the features and functionality of our Site if you set your browser to, or manually reject cookies.

The cookies used on our Site may include, but are not limited to, the following:

Terms of Use

FAEGRE DRINKER BIDDLE & REATH LLP

Effective September 21, 2018

Faegredrinker.com (this "Site") is owned and operated by Faegre Drinker Biddle & Reath LLP ("Faegre Drinker," "we," "our" or "us"). Faegre Drinker is an international law firm with offices in the United States, the United Kingdom and China.

Your Consent to These Terms of Use

Your use of this Site is subject to these Terms of Use ("Terms of Use"). By accessing or using this Site, you are agreeing to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use this Site.

Content of this Site is Not Legal Advice

The information offered on this Site does not constitute legal advice, and the specific advice of legal counsel is recommended before acting on any matter discussed on this Site.

Sending us an Email Will Not Make You a Client of this Firm

Sending us an email will not make you a client of this firm. Until we have agreed to represent you, nothing you send us will be confidential or privileged. Accordingly, please do not send us any confidential information by email except at the specific request of a lawyer of this firm. Unsolicited emails are not binding on this firm and cannot impose valid deadlines.

Changes to These Terms of Use

As we add new features and functionality to this Site, we may need to update or revise these Terms of Use. We reserve the right to do so, at any time and without prior notice, by posting the revised version on this Site. These changes will be effective as of the date we post the revised version on this Site. By accessing or using this Site following any such change, you are agreeing to be bound by the revised Terms of Use. For this reason, it is important for you to review our Terms of Use on a regular basis.

You may view or print the current version of these Terms of Use at any time by clicking on the link marked "Terms of Use" at the bottom of each page of this Site. For your convenience, we will post a notice at the top of these Terms of Use for 60 days after we revise these Terms of Use to alert you to the changes we have made.

Our Privacy Notice

Our Privacy Notice ("Privacy Notice") describes how we protect your personal information when you use this Site. You may view or print the current version of our Privacy Notice at any time by clicking on the link marked "Privacy Notice" at the bottom of each page of this Site.

Ownership of Site and Content

As used in these Terms of Use, the term "Content" means all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, graphics, designs, audio, video and audio-video clips, and other materials provided through this Site. Faegre Drinker and its licensors own all right, title and interest in the Content, including all copyrights. In addition, the entire Content of this Site is protected as a compilation under U.S. and international copyright laws and treaties, and Faegre Drinker owns the copyright in the compilation, including the collection, assembly, selection, coordination and arrangement of the Content of this Site.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of this Site to which you have properly gained access, but only on behalf of your company, if you are accessing this Site on behalf of your company, or for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods nor the right to "harvest" email addresses. This license is revocable at any time without notice and with or without cause. You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Site except as expressly provided in these Terms of Use without our prior written permission. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this Site or its Content to you or anyone else, except the limited license to use this Site and its Content on the terms expressly set forth herein.

Trademarks

FAEGRE DRINKER BIDDLE & REATH LLP, FAEGRE DRINKER CONSULTING, the Faegre Drinker logo and any other product or service name or slogan contained in this Site are trademarks of Faegre Drinker and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Faegre Drinker or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing “Faegre Drinker” or any other name, trademark or product or service name of Faegre Drinker without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Faegre Drinker and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Faegre Drinker.

Third-Party Content

Some of the information, articles and other materials available through this Site are provided to Faegre Drinker by third parties. These third-party materials are provided for your interest and convenience only. We do not endorse these materials nor the third parties who supply them to us, nor do we warrant or represent that these materials are current, accurate, complete or reliable.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding this Site, including your ideas for new features and other ways that we can make this Site more useful to you (collectively, "Feedback"). Note, however, that any Feedback you provide to us through this Site will be owned exclusively by Faegre Drinker. Your submission of Feedback will constitute an assignment to us of all right, title and interest in your Feedback, including all worldwide copyrights and all other intellectual property rights in your Feedback. We will have the right to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and prepare derivative works based on any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Your Obligations

If you wish to register on the Site, you will be required to provide certain personal information to us. You agree to (a) provide true, accurate, current and complete information about yourself as prompted in the applicable page, (b) maintain and promptly update your information to keep it true, accurate, current and complete and (c) the terms of our Privacy Notice.

You agree to use the Site in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit to or through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to the Site is strictly prohibited. We reserve all rights and remedies available to us including reporting any breach to the relevant law enforcement authorities and co-operating with those authorities by disclosing your identity to them.

Indemnification

You agree to defend, indemnify and hold harmless Faegre Drinker, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, including without limitation any actual or threatened suit, demand or claim made against Faegre Drinker and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to your conduct, your violation of these Site Terms of Use or your violation of the rights of any third party.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (I) THIS SITE AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND; AND (II) FAEGRE DRINKER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE AND THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SITE; (D) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; AND (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

FAEGRE DRINKER IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER POSTINGS. UNDER NO CIRCUMSTANCES, SHALL FAEGRE DRINKER OR ITS PARTNERS, EMPLOYEES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES RELATED TO OR PROVIDED THROUGH THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FAEGRE DRINKER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FAEGRE DRINKER (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $10.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Site (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site. Any of the material (including the Content) on the Site may be out of date at any given time, and we are under no obligation to update such material.

Links to this Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to this Site from any website that is not owned by you.

This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms of Use.

Links from this Site

This Site may contain links to websites operated by third parties. We do not control these sites and do not endorse or assume any responsibility or liability for the information, products and services provided through these sites. Before you use any site operated by a third party, you should review the applicable terms of use and policies. If you access a third-party site through this Site, you do so at your own risk.

Interpretation

As used in these Terms of Use, the term "including" means "including, but not limited to."

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of Faegre Drinker. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Termination

Notwithstanding any provision within these Terms of Use, Faegre Drinker reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your use of and future access to the Site.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use shall be governed under the laws of the State of Illinois without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Illinois. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement

These Terms of Use contain the entire understanding and agreement between you and us with respect to this Site (including the use of the Content) and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to this Site. Nothing in these Terms of Use excludes or limits our liability for fraud or fraudulent misrepresentation which such a limitation would be unenforceable as a matter of law.

Faegre Drinker Biddle & Reath LLP in the United Kingdom

The business carried on from the UK is carried on by Faegre Drinker Biddle & Reath LLP, a limited liability partnership registered in England and Wales. Registered number: OC303458. Registered office: 7 Pilgrim Street, London EC4V 6LB. VAT No. GB 802 8107 60. Regulated by the Solicitors Regulation Authority. A list of members is open for inspection at the registered office.

Some activities of Faegre Drinker Biddle & Reath LLP in, into or from the United Kingdom may be regulated under the Financial Services and Markets Act 2000 ("FSMA"). Faegre Drinker Biddle & Reath LLP in the United Kingdom is regulated by the Solicitors Regulation Authority as an "exempt professional firm" in connection with any such activities.

Questions and Contact Information

Questions or comments about the Site may be directed to webmaster@faegredrinker.com.

Faegre Drinker Consulting is a consulting practice, not a law practice. Thus, Faegre Drinker Consulting’s clients do not have attorney-client relationships with Faegre Drinker Biddle & Reath LLP or any of its legal professionals absent independent engagement of the firm’s lawyers under a separate legal engagement letter. Faegre Drinker Biddle & Reath LLP operates Faegre Drinker Consulting as a distinct consulting practice pursuant to Rule 5.7 of the Model Rules of Professional Conduct, as enacted in various jurisdictions. Clients of Faegre Drinker Consulting, through consulting engagement agreements, do have certain protections of confidentiality and against defined business issue conflicts. They do not, however, have the protections of the attorney-client relationship, including for example the attorney-client privilege or protection from certain conflicts of interest under the Rules of Professional Conduct.

If you are a client of Faegre Drinker Biddle & Reath LLP or of Faegre Drinker Consulting and you have any question regarding the nature of your relationship or what protections apply to you, please contact the professional with whom you work at Faegre Drinker Biddle & Reath LLP or Faegre Drinker Consulting for clarification.

Thank you.

Supplemental Website Privacy Notice for

California, Colorado, Virginia, Utah, & Connecticut Consumers

Last Updated: January 2023

This Supplemental Website Privacy Notice (“Supplemental Notice”) applies only to information collected about California, Colorado, Virginia, Utah, and Connecticut consumers. It provides information required under the California Consumer Privacy Act of 2018 and California Privacy Rights Act of 2020 and their implementing regulations (collectively, the “CCPA”), the Colorado Privacy Act of 2021 (the “CPA”), the Virginia Consumer Data Protection Act of 2021 (the “VCDPA”), the Utah Consumer Privacy Act of 2022 (the “UCPA”), and the Connecticut Data Privacy Act of 2022 (“CDPA”). We also provide a brief paragraph regarding information collected about Nevada consumers under the heading “Privacy Notice for Nevada Residents” at the end of this Supplemental Notice. The other portions of this Supplemental Notice do not apply to Nevada consumers.

This Supplemental Notice describes Faegre Drinker Biddle & Reath LLP’s (“Faegre Drinker,” “we,” “us,” “our”) practices regarding the collection, use, and disclosure of Personal Information and provides instructions for submitting data subject requests. This Supplemental Notice is parallel in scope to our Privacy Notice and applies to information collected through both online and offline interactions with consumers.

Some portions of this Supplemental Notice apply only to consumers of particular states. In those instances, we have indicated that such language applies only to those consumers.

Please also note that this Supplemental Notice does not address our Collection and processing of Personal Information from employees, job applicants, other individuals with whom we interact in an employment-related context, or business contacts. California residents who are business contacts or applicants may access our website privacy disclosures applicable to them by clicking here and selecting the notice that applies to them. California residents who are job applicants may access our website privacy disclosure applicable to them by clicking here.  California residents who are employees may access our website privacy disclosures applicable to them via Faegre Drinker’s human resources management system or by contacting Human Resources.

A.          Definitions

• “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information includes “personal data” as that term is defined in the CPA, VCDPA, UCPA, and CDPA. Personal Information also includes “Sensitive Personal Information,” as defined below, except where otherwise noted.
• “Sensitive Personal Information” means Personal Information that reveals a consumer’s social security, driver’s license, state identification card, or passport number; account log-in, financial account number, debit card number, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious beliefs, or union membership; contents of email or text messages; and genetic data. Sensitive Personal Information also includes processing of biometric information for the purpose of uniquely identifying a consumer and Personal Information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation. Sensitive Personal Information also includes “sensitive data” as that term is defined in the CPA, VCDPA, UCPA, and CDPA.
• “Third Party” has the meanings afforded to it in the CCPA, CPA, VCDPA, UCPA, and CDPA.
• “Vendor” means a service provider, contractor, or processor as those terms are defined in the CCPA, CPA, VCDPA, UCPA, and CDPA.

To the extent other terms used in this Supplemental Notice are defined terms under the CCPA, CPA, VCDPA, UCPA, or CDPA they shall have the meanings afforded to them in those statutes, whether or not capitalized herein. As there are some variations between such definitions in each of the five statutes, the definitions applicable to you are those provided in the statute for the state in which you are a consumer. For example, if you are a Virginia consumer, terms used in this Supplemental Notice that are defined terms in the VCDPA shall have the meanings afforded to them in the VCDPA as this Supplemental Notice applies to you.

B.           Collection & Processing of Personal Information

We, and our Vendors, collect the following categories of Personal Information about consumers. We also have collected and processed the following categories of Personal Information about consumers in the preceding 12 months:

1. Identifiers, such as name or social security number;
2. Contact and financial information, including phone number, address, email address, bank account number, credit card number, debit card number, or any other financial information;
3. Characteristics of protected classifications under state or federal law, such as gender;
4. Internet or other electronic network activity information, such as browsing history and interactions with our websites or advertisements;
5. Geolocation data, such as device location; and
6. Professional or employment-related information, such as work history and prior employer.

Retention of Personal Information. We retain each of the categories of Personal Information listed in Section B for the period reasonably necessary to provide goods and services to you and for the period reasonably necessary to support our business operational purposes listed in Section E.

When assessing the data retention period, we take into account the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the data and whether we can achieve those purposes through other means, and the applicable legal requirements.

C.           Categories of Personal Information We Disclose to Vendors & Third Parties

In the past twelve months, we have disclosed the following categories of Personal Information to Vendors and Third Parties for a business purpose:

1. Identifiers, such as name or social security number;
2. Contact and financial information, including phone number, address, email address, bank account number, credit card number, debit card number, or any other financial information;
3. Characteristics of protected classifications under state or federal law, such as gender;
4. Internet or other electronic network activity information, such as browsing history and interactions with our websites or advertisements;
5. Geolocation data, such as device location; and
6. Professional or employment-related information, such as work history and prior employer.

Disclosure for California Consumers: We will not sell or share any of the categories of Personal Information we collect about you, and we have not sold or shared Personal Information about California consumers in the past twelve months. Relatedly, we do not have actual knowledge that we sell or share Personal Information of California consumers under 16 years of age. For purposes of the CCPA, a “sale” is the disclosure of Personal Information to a Third Party for monetary or other valuable consideration, and a “share” is the disclosure of Personal Information to a Third Party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

Disclosure for Colorado, Virginia, Utah, and Connecticut Consumers: We do not sell or share Personal Information to Third Parties or process Personal Information for purposes of targeted advertising, as the terms “sell,” “share,” “process,” and “targeted advertising” are defined in the CPA, VCDPA, UCPA, and CDPA.

D.          Sources from Which We Collect Personal Information

We collect Personal Information directly from California, Colorado, Virginia, Utah, and Connecticut consumers, as well as from joint marketing partners, public databases, providers of demographic data, publications, professional organizations, social media platforms, people with whom you are connected on social media platforms, and Vendors and Third Parties when they share the information with us.

E.           Purposes for Processing & Disclosing Personal Information

We, and our Vendors, collect, process, and disclose the Personal Information (excluding Sensitive Personal Information) described in this Supplemental Notice to:

• Operate, manage, and maintain our business;
• Confirm consumer identities;
• Manage client relationships;
• Provide client services;
• Provide, develop, improve, and maintain our services;
• Record and maintain client instructions;
• Process payment transactions;
• Promote client or business-development events and programming;
• Direct marketing, including newsletters and client alerts;
• Better understand the market for our existing services, and potential new services, and adjust our research, development, and marketing strategies accordingly;
• Conduct research, analytics, and data analysis;
• Monitor and improve website functionality;
• Maintain our facilities and infrastructure;
• Protect against security threats and misuse of Faegre Drinker websites;
• Conduct risk and security controls and monitoring;
• Detect and prevent fraud;
• Perform accounting, audit, and other internal functions, such as internal investigations;
• Process payment transactions;
• Maintain records;
• Otherwise accomplish our business purposes and objectives.

In addition to the purposes identified above, Faegre Drinker may use and disclose any and all Applicant Personal Information that we Collect as necessary or appropriate to:

• Comply with laws and regulations, including, without limitation, applicable tax, health and safety, anti-discrimination, immigration, labor and employment, and social welfare laws;
• Monitor, investigate, and enforce compliance with and potential breaches of Faegre Drinker policies and procedures and legal and regulatory requirements;
• Comply with civil, criminal, judicial, or regulatory inquiries, investigations, subpoenas, or summons; and
• Exercise or defend the legal rights of Faegre Drinker and its employees, affiliates, customers, contractors, and agents.

We, and our Vendors, collect and process the Sensitive Personal Information described in this Supplemental Notice only for the below purposes that are authorized by the CCPA and its implementing regulations:

• Performing the services or providing the goods reasonably expected by an average consumer who requests those goods or services;
• Ensuring security and integrity to the extent the use of the consumer's Personal Information is reasonably necessary and proportionate for these purposes;

• Preventing, detecting, and investigating security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted Personal Information;
• Resisting malicious, deceptive, fraudulent, or illegal actions directed at the business and prosecuting those responsible for those actions;
• Ensuring the physical safety of natural persons;

• Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer's current interaction with us; provided that we will not disclose the consumer's Personal Information to a Third Party and or build a profile about the consumer or otherwise alter the consumer's experience outside the current interaction with the business;
• Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage,or providing similar services on our behalf;
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us; and
• Collecting or processing Sensitive Personal Information where such collection or processing is not for the purpose of inferring characteristics about a consumer.

F.           Categories of Entities to Whom We Disclose Personal Information

• Affiliates & Vendors. We may disclose your Personal Information to our affiliates and Vendors for the purposes described in Section E of this Supplemental Notice. Our Vendors provide us with services for our websites, as well as other products and services, such as web hosting, data analysis, payment processing, customer service, infrastructure provision, technology services, email delivery services, credit card processing, legal services, and other similar services. We grant our Vendors access to Personal Information only to the extent needed for them to perform their functions, and require them to protect the confidentiality and security of such information.
• Third Parties. For each category of Personal Information identified in Section C, we disclose such Personal Information to the following categories of Third Parties:
  
  • At Your Direction. We may disclose your Personal Information to any Third Party with your consent or at your direction.
  • Business Transfers or Assignments. We may disclose your Personal Information to other entities as reasonably necessary to facilitate a merger, sale, joint venture or collaboration, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
  • Legal and Regulatory. We may disclose your Personal Information to government authorities, including regulatory agencies and courts, as reasonably necessary for our business operational purposes, to assert and defend legal claims, and otherwise as permitted or required by law.

G.          Data Subject Rights

• Exercising Data Subject Rights. California, Colorado, Virginia, Utah, and Connecticut consumers have certain rights with respect to the collection and use of their Personal Information. Those rights vary by state. As required by the CCPA, we provide detailed information below regarding the data subject rights available to California consumers. Colorado, Virginia, Utah, and Connecticut consumers have similar rights and can find more detail by referencing the CPA, VCDPA, UCPA, or CDPA, as applicable.

  You may exercise the data subject rights applicable to you under the CCPA, CPA, VCDPA, UCPA, or CDPA by contacting us at privacy@faegredrinker.com or by calling 1-800-328-4393. Consumers in some states may also authorize an agent to make data subject requests on their behalf via the above-listed methods.

• Verification of Data Subject Requests. We may ask you to provide information that will enable us to verify your identity in order to comply with your data subject request. In particular, when a California consumer authorizes an agent to make a request on their behalf, we may require the agent to provide proof of signed permission from the consumer to submit the request, or we may require the consumer to verify their own identity to us or confirm with us that they provided the agent with permission to submit the request. In some instances, we may decline to honor your request if an exception applies under applicable law. We will respond to your request consistent with applicable law.
• Non-Discrimination. We will not discriminate against you for exercising your data subject rights. For example, we will not deny goods or services to you, or charge you different prices or rates, or provide a different level of quality for products or services as a result of you exercising your data subject rights.
• Appeals for Virginia, Colorado, and Connecticut Consumers. Virginia, Colorado, and Connecticut consumers have the right to appeal our decisions on their data subject requests. This section does not apply to California or Utah consumers. To appeal our decision on your data subject requests, you may contact our Privacy Office at privacy@faegredrinker.com or by calling 1-800-328-4393. Please enclose a copy of or otherwise specifically reference our decision on your data subject request, so that we may adequately address your appeal. We will respond to your appeal in accordance with applicable law.
• Data Subject Rights Disclosure for California Consumers: California consumers have the following rights regarding our collection and use of their Personal Information, subject to certain exceptions.
  • Right to Receive Information on Privacy Practices: You have the right to receive the following information at or before the point of collection:
    • The categories of Personal Information to be collected;
    • The purposes for which the categories of Personal Information are collected or used;
    • Whether or not that Personal Information is sold or shared;
    • If the business collects Sensitive Personal Information, the categories of Sensitive Personal Information to be collected, the purposes for which it is collected or used, and whether that information is sold or shared; and
    • The length of time the business intends to retain each category of Personal Information, or if that is not possible, the criteria used to determine that period.

    We have provided such information in this Supplemental Notice, and you may request further information about our privacy practices by contacting us as at the contact information provided above.

  • Right to Deletion: You may request that we delete any Personal Information about you we that we collected from you.
  • Right to Correction: You may request that we correct any inaccurate Personal Information we maintain about you.
  • Right to Know: You may request that we provide you with the following information about how we have handled your Personal Information:
    • The categories of Personal Information we collected about you;
    • The categories of sources from which we collected such Personal Information;
    • The business or commercial purpose for collecting, selling, or sharing Personal Information about you;
    • The categories of Third Parties to whom we disclose such Personal Information; and
    • The specific pieces of Personal Information we have collected about you.
  • Right to Receive Information About Onward Disclosures: You may request that we disclose to you:
    • The categories of Personal Information that we have collected about you;
    • The categories of Personal Information that we have sold or shared about you and the categories of Third Parties to whom the Personal Information was sold or shared; and
    • The categories of Personal Information we have disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.
  • Right to Non-Discrimination: You have the right not to be discriminated against for exercising your data subject rights. We will not discriminate against you for exercising your data subject rights.

• Rights to Opt-Out of the Sale and Sharing of Your Personal Information and to Limit the Use of Your Sensitive Personal Information: You have the right to opt-out of the sale and sharing of your Personal Information. You also have the right to limit the use of your Sensitive Personal Information to the purposes authorized by the CCPA. We will not sell or share any of the categories of Personal Information we Collect about you, and we have not sold or shared Personal Information in the past twelve months. Further, we do not use or disclose Sensitive Personal Information for purposes beyond those authorized by the CCPA.

• Opt-Out Preference Signals. We do not sell or share Personal Information, or use or disclose Sensitive Personal Information for purposes other than those authorized by the CCPA and its implementing regulations, as listed in Section E. Accordingly, we do not process opt-out preference signals. If we process opt-out preference signals in the future, we will update this policy to provide details about how we do so.

H.          Other Disclosures

• California Residents Under Age 18. If you are a resident of California under the age of 18 and a registered user of our website, you may ask us to remove content or data that you have posted to the website by writing to privacy@faegredrinker.com. Please note that your request does not ensure complete or comprehensive removal of the content or data, as, for example, some of your content or data may have been reposted by another user.
• Disclosure About Direct Marketing for California Residents. California Civil Code § 1798.83 permits California residents to annually request certain information regarding our disclosure of Personal Information to other entities for their direct marketing purposes in the preceding calendar year. We do not distribute your Personal Information to other entities for their own direct marketing purposes.
• Financial Incentives for California Consumers. Under California law, we do not provide financial incentives to California consumers who allow us to collect, retain, sell, or share their Personal Information. We will describe such programs to you if and when we offer them to you.
• Privacy Notice for Nevada Residents. We do not sell Covered Information as defined under Nevada law, and we generally do not disclose or share personal information as defined under Nevada law for commercial purposes. Under Nevada law, you have the right to direct us to not sell or license your personal information to third parties. To exercise this right, if applicable, you or your authorized representative may contact our Privacy Office at privacy@faegredrinker.com.
• Changes to our Supplemental Notice. We reserve the right to amend this Supplemental Notice at our discretion and at any time. When we make material changes to this Supplemental Notice, we will notify you by posting an updated Supplemental Notice on our website and listing the effective date of such updates.
• Contacting Us. If you have any questions, comments, requests, or concerns related to this Supplemental Notice, Faegre Drinker’s information practices, or how to access this policy in another format, please contact us at Faegre Drinker Biddle & Reath LLP, 2200 Wells Fargo Center 90 S. Seventh Street, Minneapolis, MN 55402 or at privacy@faegredrinker.com for assistance.

Last Updated: January 2023

The California Consumer Privacy Act, as amended by the California Privacy Rights Act, and its implementing regulations (collectively, the “CCPA”), gives California residents certain rights and requires businesses to make certain disclosures regarding their Collection, use, and disclosure of Personal Information. This CCPA Business Contact Privacy Policy (the “Policy”) provides such notice to California residents who interact with Faegre Drinker Biddle & Reath LLP (“Faegre Drinker,” “we,” “us,” “our”) in a business-related capacity (“Business Contacts”).

Please note that this Policy only addresses Faegre Drinker’s Collection, use, and disclosure of Personal Information from consumers with whom we interact in a business-related capacity and only applies to residents of California. This Policy does not apply to individuals who are residents of other U.S. states or other countries and/or who do not interact with Faegre Drinker in a business-related capacity. For further details about our privacy practices pertaining to non-Business Contact Personal Information, please see our Privacy Notice.

As a Business Contact, you have the right to know what categories of Personal Information Faegre Drinker Collects, uses, discloses, Sells, and Shares about you. This Policy provides that information and other disclosures required by California law.

A.           DEFINITIONS

• Personal Information: As used in this Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or household. Personal Information includes Sensitive Personal Information, but does not include protected health information covered by the Health Information Portability and Accountability Act (“HIPAA”), nonpublic personal information under the Gramm-Leach-Bliley Act (“GLBA”), Publicly Available Information, or any other information that is exempt from the CCPA.
• Publicly Available Information: As used in this Policy, “Publicly Available Information” means information that is lawfully made available from federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public by the Consumer or from widely distributed media, or information made available by a person to whom the Consumer has disclosed the information if the Consumer has not restricted the information to a specific audience. “Publicly Available Information” does not mean biometric information collected by a business about a Consumer without the Consumer’s knowledge.
• Sensitive Personal Information: As used in this Policy, “Sensitive Personal Information” includes Personal Information that reveals, among other things, social security number, driver’s license number, state identification card number, passport number, racial or ethnic origin, union membership, or the contents of a Consumer’s mail, email, and text messages, unless Faegre Drinker is the intended recipient of the communication. Sensitive Personal Information also includes information concerning the Business Contact’s health, sex life, or sexual orientation.
• Other CCPA Definitions: As used in this Policy, the terms “Collect,” “Processing,” “Service Provider,” “Third Party,” “Sale,” “Share,” “Consumer,” and other terms defined in the CCPA and their conjugates, have the meanings afforded to them in the CCPA, whether or not such terms are capitalized herein, unless contrary to the meaning thereof.

B.           Collection & Processing of Business Contact Personal Information

We, and our Service Providers, Collect the following categories of Personal Information about Business Contacts. We also have Collected and Processed the following categories of Personal Information about Business Contacts in the preceding 12 months:

1. Identifiers, such as name, alias, signature, online identifiers, account name, social security number, driver’s license or state identification card number, passport number, physical characteristics or description;
2. Contact and financial information, including phone number, address, email address, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information;
3. Characteristics of protected classifications under state or federal law, such as age, gender, race, physical or mental health conditions, and marital status;
4. Commercial information, such as transaction information and purchase history;
5. Internet or other electronic network activity information, such as browsing history and interactions with our websites or advertisements;
6. Geolocation data, such as device location;
7. Audio, electronic, visual and similar information, such as call and video recordings;
8. Professional or employment-related information, such as work history and prior employer;
9. Education information, as defined in the federal Family Educational Rights and Privacy Act, such as student records and directory information;
10. (10)Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics; and
11. (11)Sensitive personal information, including:
    • Personal Information that reveals:
      • Social security, driver’s license, state identification card, or passport number;
      • Precise geolocation;
      • Racial or ethnic origin, religious or philosophical beliefs, or union membership; and

C.           Categories of Business Contact Personal Information We Disclose to Service Providers & Third Parties

In the past twelve months, we have disclosed the following categories of Business Contact Personal Information to Service Providers and Third Parties for a business purpose:

1. Identifiers, such as name, alias, signature, online identifiers, account name, social security number, driver’s license or state identification card number, passport number, physical characteristics or description;
2. Contact and financial information, including phone number, address, email address, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information;
3. Characteristics of protected classifications under state or federal law, such as age, gender, race, physical or mental health conditions, and marital status;
4. Commercial information, such as transaction information and purchase history;
5. Internet or other electronic network activity information, such as browsing history and interactions with our websites or advertisements;
6. Geolocation data, such as device location;
7. Audio, electronic, visual and similar information, such as call and video recordings;
8. Professional or employment-related information, such as work history and prior employer;
9. Education information, as defined in the federal Family Educational Rights and Privacy Act, such as student records and directory information;
10. (10)Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics; and
11. (11)Sensitive personal information, including:
    • Personal Information that reveals:
      • Social security, driver’s license, state identification card, or passport number;
      • Precise geolocation;
      • Racial or ethnic origin, religious or philosophical beliefs, or union membership; and

D.          Purposes for Processing & Disclosing Business Contact Personal Information

We, and our Service Providers, Collect, Process, and disclose Business Contact Personal Information (excluding Sensitive Personal Information) described in this Policy to:

• Operate, manage, and maintain our business;
• Confirm Business Contact identities;
• Manage client relationships;
• Provide client services;
• Provide, develop, improve, and maintain our services;
• Record and maintain client instructions;
• Process payment transactions;
• Promote client or business-development events and programming, and communicate with Business Contacts regarding such events and programming;

• Respond to your requests for information about our services;

• Direct marketing, including newsletters and client alerts;

• Better understand the market for our existing services, and potential new services, and adjust our research, development, and marketing strategies accordingly;

• Conduct research, analytics, and data analysis;
• Monitor and improve website functionality;
• Maintain our facilities and infrastructure;

• Meet our contractual obligations to you, if you provide us with services;
• Process and manage contracts and other written agreements we may enter with you and the companies for which you work;

• Protect against security threats and misuse of Faegre Drinker websites;
• Conduct risk and security controls and monitoring;
• Detect and prevent fraud;
• Perform accounting, audit, and other internal functions, such as internal investigations;
• Process payment transactions;
• Maintain records; and
• Otherwise accomplish our business purposes and objectives.

In addition to the purposes identified above, Faegre Drinker may use and disclose any and all Business Contact Personal Information that we Collect as necessary or appropriate to:

• Comply with laws and regulations, including, without limitation, applicable tax, health and safety, anti-discrimination, immigration, labor and employment, and social welfare laws;
• Monitor, investigate, and enforce compliance with and potential breaches of Faegre Drinker policies and procedures and legal and regulatory requirements;
• Comply with civil, criminal, judicial, or regulatory inquiries, investigations, subpoenas, or summons; and
• Exercise or defend the legal rights of Faegre Drinker and its employees, affiliates, customers, contractors, and agents.

We, and our Service Providers, Collect, Process, and disclose the Sensitive Personal Information described in this Policy only for the below purposes that are authorized by the CCPA and its implementing regulations:

• Performing the services or providing the goods reasonably expected by an average Consumer who requests those goods or services;
• Ensuring security and integrity to the extent the use of the Consumer's Personal Information is reasonably necessary and proportionate for these purposes;
• Preventing, detecting, and investigating security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted Personal Information;
• Resisting malicious, deceptive, fraudulent, or illegal actions directed at the business and prosecuting those responsible for those actions;
• Ensuring the physical safety of natural persons;
• Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a Consumer's current interaction with us; provided that we will not disclose the Consumer's Personal Information to a Third Party and/or build a profile about the Consumer or otherwise alter the Consumer's experience outside the current interaction with the business;
• Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf;
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured by, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us; and
• Collecting or Processing Sensitive Personal Information where such Collection or Processing is not for the purpose of inferring characteristics about a Consumer.

E.           SOURCES FROM WHICH WE COLLECT BUSINESS CONTACT PERSONAL INFORMATION

We Collect Personal Information directly from Business Contacts. We also Collect Personal Information from joint marketing partners, public databases, providers of demographic data, publications, professional organizations, educational institutions, social media platforms, and Service Providers and Third Parties when they disclose information to us.

F.           CATEGORIES OF ENTITIES TO WHOM WE DISCLOSE BUSINESS CONTACT PERSONAL INFORMATION

• Third Parties. For each category of Personal Information identified in Section C, we disclose such Personal Information to the following categories of Third Parties:
  • At Your Direction. We may disclose your Personal Information to any Third Party with your consent or at your direction.
  • Business Transfers or Assignments. We may disclose your Personal Information to other entities as reasonably necessary to facilitate a merger, sale, joint venture or collaboration, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
  • Legal and Regulatory. We may disclose your Personal Information to government authorities, including regulatory agencies and courts, as reasonably necessary for our business operational purposes, to assert and defend legal claims, and otherwise as permitted or required by law.

G.          DATA SUBJECT RIGHTS

• Data Subject Rights Available to You. As a Business Contact, you have the following rights regarding our Collection and use of your Personal Information, subject to certain exceptions:

• Right to Receive Information on Privacy Practices: You have the right to receive the following information at or before the point of Collection:
  • The categories of Personal Information to be Collected;
  • The purposes for which the categories of Personal Information are Collected or used;
  • Whether or not that Personal Information is Sold or Shared;
  • If the business Collects Sensitive Personal Information, the categories of Sensitive Personal Information to be Collected, the purposes for which it is Collected or used, and whether that information is Sold or Shared; and

  We have provided such information in this Policy, and you may request further information about our privacy practices by contacting us as at the contact information provided below.

• Right to Deletion: You may request that we delete any Personal Information about you that we Collected from you.
• Right to Correction: You may request that we correct any inaccurate Personal Information we maintain about you.
• Right to Know: You may request that we provide you with the following information about how we have handled your Personal Information:
  • The categories of Personal Information we Collected about you;
  • The categories of sources from which we Collected such Personal Information;
  • The business or commercial purpose for Collecting, Selling, or Sharing Personal Information about you;
  • The categories of Third Parties to whom we disclose such Personal Information; and
• Right to Receive Information About Onward Disclosures: You may request that we disclose to you:
  • The categories of Personal Information that we have Collected about you;
  • The categories of Personal Information that we have Sold or Shared about you and the categories of Third Parties to whom the Personal Information was Sold or Shared; and
• Right to Non-Discrimination: You have the right not to be discriminated against for exercising your data subject rights. We will not discriminate against you for exercising your data subject rights. We also will not deny goods or services to you, charge you different prices or rates, or provide a different level of quality for products or services as a result of you exercising your data subject rights.
• Rights to Opt-Out of the Sale and Sharing of Your Personal Information and to Limit the Use of Your Sensitive Personal Information: You have the right to opt-out of the Sale and Sharing of your Personal Information. You also have the right to limit the use of your Sensitive Personal Information to the purposes authorized by the CCPA. We will not Sell or Share any of the categories of Personal Information we Collect about you, and we have not Sold or Shared Personal Information in the past twelve months. Further, we do not use or disclose Sensitive Personal Information for purposes beyond those authorized by the CCPA. Relatedly, we do not have actual knowledge that we Sell or Share Personal Information of California Consumers under 16 years of age. For purposes of the CCPA, a “Sale” is the disclosure of Personal Information to a Third Party for monetary or other valuable consideration, and a “Share” is the disclosure of Personal Information to a Third Party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

• Opt-Out Preference Signals. We do not Sell or Share Personal Information, or use or disclose Sensitive Personal Information for purposes other than those authorized by the CCPA, as listed in Section D. Accordingly, we do not process opt-out preference signals. If we process opt-out preference signals in the future, we will update this policy to provide details about how we do so.

• The length of time the business intends to retain each category of Personal Information, or if that is not possible, the criteria used to determine that period.

• The specific pieces of Personal Information we have Collected about you.

• The categories of Personal Information we have disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.

• Exercising Data Subject Rights. Business Contacts may exercise your data subject rights by contacting us via email at privacy@faegredrinker.com or via phone at 1-800-328-4393. You may also authorize an agent to make a data subject request on your behalf, and the authorized agent may do so via the above-listed submission methods.
• Verification of Data Subject Requests. We may ask you to provide information that will enable us to verify your identity in order to comply with your data subject request. In particular, if you authorize an agent to make a request on your behalf, we may require the agent to provide proof of signed permission from you to submit the request, or we may require you to verify your own identity to us or confirm with us that you provided the agent with permission to submit the request. In some instances, we may decline to honor your request if an exception applies under the CCPA. We will respond to your request consistent with applicable law.

H.          OTHER DISCLOSURES

• Protection & Retention of Personal Information: We retain each of the categories of Personal Information listed in Section B for the period reasonably necessary to provide goods and services to you and for the period reasonably necessary to support our business operational purposes listed in Section D.

  When assessing the data retention period, we take into account the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the data and whether we can achieve those purposes through other means, and the applicable legal requirements.

• California Residents Under Age 18. If you are a resident of California under the age of 18 and a registered user of our website, you may ask us to remove content or data that you have posted to the website by writing to privacy@faegredrinker.com. Please note that your request does not ensure complete or comprehensive removal of the content or data, as, for example, some of your content or data may have been reposted by another user.

• Financial Incentives for Business Contacts. We do not provide financial incentives to Business Contacts who allow us to Collect, retain, Sell, or Share their Personal Information. We will describe such programs to you if and when we offer them to you.
• Changes to this Policy. We reserve the right to amend this Policy at our discretion and at any time. When we make material changes to this Policy, we will notify you by posting an updated Policy on our website and listing the effective date of such updates.

• Contact Us: More information about our privacy practices can be found in our Privacy Notice. If you have any questions regarding this Policy or Faegre Drinker’s Collection and use of your Personal Information, or would like to exercise your data subject rights, please email us at privacy@faegredrinker.com or call 1-800-328-4393. If you are unable to review or access this notice due to a disability, you may contact us at privacy@faegredrinker.com or 1-800-328-4393 to access this notice in an alternative format.

Legal Ombudsman

We are committed to providing excellent service to our clients.

If you are a client, and you are unhappy with any aspect of the service you receive, please take this matter up with us immediately. In the first instance, please raise your concerns in writing with the partner responsible for the relevant matter.

If you are still unhappy after referring your concerns to the partner responsible for the relevant matter, you should then refer it to London Office Leader Alex Denny.

If you would like to make a formal complaint, please ask for a copy of our complaints procedure.

We hope that the matter can be resolved to your satisfaction within eight weeks of your complaint. If it is not, you may have recourse to the complaints and redress scheme provided by the Legal Ombudsman within six months of our final written response.

For more information about the Legal Ombudsman, please visit their website.

The contact details for the Legal Ombudsman are:
Postal address: P.O. Box 6167,Slough, SL10EH
Website: www.legalombudsman.org.uk
Email: enquiries@legalombudsman.org.uk
Telephone: 0300 555 0333
Overseas: +44 121 245 3050

Solicitors Regulation Authority

We are regulated by the Solicitors Regulation Authority.

If you are a client, and you are concerned with our professional conduct, please take this matter up with us immediately. In the first instance, please raise your concerns in writing with the partner responsible for the relevant matter.

If you are still unhappy after referring your concerns to the partner responsible for the relevant matter, you should then refer it to London Office Leader Alex Denny.

If you would like to make a formal complaint, please ask for a copy of our complaints procedure.

We hope that the matter can be resolved to your satisfaction. If it is not, you may have recourse to report your concerns to the Solicitors Regulation Authority.

For more information about the Solicitors Regulation Authority, please visit their website.

The contact details for the Solicitors Regulation Authority are:
Postal address: Solicitors Regulation Authority, The Cube, 199 Wharfside Street, Birmingham, B1 1RN
Website: www.sra.org.uk
Email: contactcentre@sra.org.uk
Telephone: 0370 606 2555

FAEGRE DRINKER BIDDLE & REATH LLP

Effective 1/1/2012

This extranet site (this "Extranet Site") is owned and operated by Faegre Drinker Biddle & Reath LLP ("Faegre Drinker," "we," "our" or "us"). Faegre Drinker is an international law firm with offices in the United States, the United Kingdom and China.

Your Consent to These Extranet Terms of Use

Your use of this Extranet Site is subject to these Extranet Terms of Use ("Extranet Terms of Use"). If you do not agree to these Extranet Terms of Use, you must not access this Extranet Site.

Additional Terms May Apply to You 

Other agreements and/or policies may apply when you use this Extranet Site (collectively, the "Other Documents"). For example, these Extranet Terms of Use supplement any client engagement letter, confidentiality agreement, business associate agreement, letter of intent, exclusivity agreement or joint defense agreement to which you are subject. In addition, terms set forth in an offer to compromise made pursuant to Fed. R. Evid. 408 (or a similar state law) may apply to you. In the event of a conflict between these Extranet Terms of Use and any applicable Other Documents, conflicting terms found in the Other Documents will prevail over these Extranet Terms of Use.

In addition, we may require you to follow additional rules, guidelines or other conditions to access various special features or restricted areas of this Extranet Site, to participate in certain activities available through this Extranet Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms. If any of the terms of a supplemental agreement is different than the terms of these Extranet Terms of Use, the terms of the supplemental agreement will supplement or amend these Extranet Terms of Use, but only with respect to the matters governed by the supplemental agreement.

Content of This Extranet Site May or May Not Be Legal Advice

Depending on the circumstances pursuant to which you have been granted access to this Extranet Site, the information offered on it may or may not constitute legal advice. For example, if you are a Faegre Drinker client, we may create an Extranet Site for purposes of communicating with you about pending matters (a "Client Extranet Site"). Client Extranet Sites may contain copies of research memoranda or correspondence between Faegre Drinker and you. These documents may contain legal advice.

Likewise, if you are a Faegre Drinker client and have entered into a joint-defense agreement with a third party, we may create an Extranet Site for purposes of coordinating communication among all parties to the joint-defense agreement (a "Joint Defense Extranet Site"). Joint Defense Extranet Sites may contain documents similar to those found on a Client Extranet Site, and these documents may contain legal advice. However, if you are not a Faegre Drinker client, you should not rely on any legal advice that Faegre Drinker provides through a Joint Defense Extranet Site. Instead, you should obtain the advice of your own attorneys.

Conversely, we may create an Extranet Site for one of our clients who is involved is a transaction so that the parties to the transactions and their counsel and other advisors can easily share data with each other (a "Dataroom Extranet Site"). Because of the nature of the parties who have access to Dataroom Extranet Sites, we will not ordinarily provide legal advice through a Dataroom Extranet Site.

Sending Us an Email or Posting to This Extranet Site Will Not Make You a Client of or Otherwise Bind This Firm

Sending us an email or posting to this Extranet Site will not make you a client of Faegre Drinker. Until we have agreed to represent you or otherwise assumed an obligation of confidentiality, nothing you send us will be confidential or privileged. Accordingly, please do not send us any confidential information by email or by posting to this Extranet Site except at the specific request of a lawyer of this firm or pursuant to a previously executed agreement that obligates us to protect the confidentiality of that information. Unsolicited emails or postings to this Extranet Site are not binding on this firm and cannot impose valid deadlines.

Protected Health Information and Other Sensitive Data

Certain types of sensitive information are subject to specialized laws and regulations. Accordingly, please do not send us by email or by posting to this Extranet Site any information that is subject to specialized laws or regulations except at the specific request of a lawyer of this firm and, if applicable, pursuant to a previously executed agreement that conforms to the applicable specialized laws and regulations.

By way of example, protected health information is governed by various laws and regulations, including HIPAA in the United States.  You should not send us by email or by posting to this Extranet Site any protected health information (PHI) unless you have confirmed that we have in place a suitable business associate agreement.

Changes to These Extranet Terms of Use

As we add new features and functionality to this Extranet Site, we may need to update or revise these Extranet Terms of Use. We reserve the right to do so, at any time and without prior notice. These changes will be effective as of the date we post the revised version on this Extranet Site. Should we update or revise these Extranet Terms of Use, we will post a notice on the login page for a period of 60 days after such change. If you do not agree with the updated or revised Extranet Terms of Use, you must not access this Extranet Site.

You may view or print the current version of these Extranet Terms of Use at any time by clicking on the link marked "Terms of Use" at the bottom of the login page of this Extranet Site. For your convenience, we will post a notice at the top of these Extranet Terms of Use for 60 days after we revise these Extranet Terms of Use to alert you to the changes we have made.

Our Online Privacy Policy

Our Extranet Privacy Policy (our "Extranet Privacy Policy") describes how we protect your personal information when you use this Extranet Site. Our Extranet Privacy Policy is part of and is incorporated into these Extranet Terms of Use. You may view or print the current version of our Extranet Privacy Policy at any time by clicking on the link marked "Privacy Policy" at the bottom of the login page of this Extranet Site.

Ownership of Site

As used in these Extranet Terms of Use, the term "Site Software" means all of the software and code that comprise and operate this Extranet Site.  Faegre Drinker and its licensors own all right, title and interest in the Site Software, including all copyrights. We hereby grant you a limited, revocable license to use the Site Software solely in connection with your authorized use of this Extranet Site. You do not have the right to use any data mining, robots or similar data gathering or extraction methods nor the right to "harvest" email addresses. This license is revocable at any time without notice and with or without cause. Nothing in these Extranet Terms of Use shall be construed as transferring any right, title or interest in this Extranet Site or the Site Software to you or anyone else, except the limited license to use this Extranet Site and the Site Software on the terms expressly set forth herein.

Site Content

This Extranet Site contains documents, text, photographs, images, illustrations, graphics, designs, audio, video and audio-video clips, and/or other materials ("Content").  Faegre Drinker and other users of the Extranet Site, depending on their access privileges, may from time to time upload Content to the Extranet Site.  Except as set forth otherwise in any Other Documents to which you are subject: (a) with respect any Content on this Extranet Site as to which Faegre Drinker is the copyright owner and as to which you have properly gained access, we hereby grant you a limited, revocable license to download and print copies, and (b) with respect to any Content which you upload to this Extranet Site, you hereby grant Faegre Drinker and all other users of this Extranet Site a limited, revocable license (or sublicense, as the case may be) to download and print copies, but only in the case of (a) and (b) connection with the purposes for which the licensee was granted access to this Extranet Site and only if the licensee does not remove, modify or obscure any copyright, trademark, or other proprietary notices.  The licenses in this paragraph are revocable at any time without notice and with or without cause.

Except as otherwise set forth in any applicable Other Documents, all Content not originating with Faegre Drinker is provided for your interest and convenience only, and we do not endorse these materials nor the third parties who supply them to us, nor do we warrant or represent that these materials are current, accurate, complete or reliable.

Trademarks

This Extranet Site contains registered and unregistered trademarks of Faegre Drinker and third parties ("Trademarks"). You may not use any Trademarks displayed on this Extranet Site without our or the trademark owners' (as appropriate) prior written permission.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding this Extranet Site, including your ideas for new features and other ways that we can make this Extranet Site more useful to you (collectively, "Feedback"). Note, however, that any Feedback you provide to us through this Extranet Site will be owned exclusively by Faegre Drinker. Your submission of Feedback will constitute an assignment to us of all right, title and interest in your Feedback, including all worldwide copyrights and all other intellectual property rights in your Feedback. We will have the right to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and prepare derivative works based on any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Your Obligations

If you wish to access this Extranet Site, you will be required to provide certain personal information to us. You agree to (a) provide true, accurate, current and complete information about yourself, (b) maintain and promptly update your information to keep it true, accurate, current and complete and (c) the terms of our Privacy Policy.

You agree to use this Extranet Site in a manner consistent with any and all applicable laws, rules and regulations. You agree not to upload or transmit to or through this Extranet Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to this Extranet Site is strictly prohibited. We reserve all rights and remedies available to us including reporting any breach to the relevant law enforcement authorities and co-operating with those authorities by disclosing your identity to them.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (I) THIS EXTRANET SITE AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS EXTRANET SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND; AND (II) FAEGRE DRINKER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS EXTRANET SITE AND THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS EXTRANET SITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS EXTRANET SITE; (D) THAT THE CONTENT OF THIS EXTRANET SITE IS ACCURATE, COMPLETE OR CURRENT; AND (E) THAT THIS EXTRANET SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

FAEGRE DRINKER IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER POSTINGS. UNDER NO CIRCUMSTANCES, SHALL FAEGRE DRINKER OR ITS PARTNERS, EMPLOYEES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS EXTRANET SITE, INCLUDING, IN CONNECTION WITH ANY CONTENT, PRODUCTS OR SERVICES RELATED TO OR PROVIDED THROUGH THIS EXTRANET SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FAEGRE DRINKER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF FAEGRE DRINKER (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $10.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Extranet Site (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Extranet Site. Any of the material (including the Content) on this Extranet Site may be out of date at any given time, and we are under no obligation to update such material.

Links to This Extranet Site

You may link to the login page of this Extranet Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

You must not establish a link to this Extranet Site from any website that is not owned by you.

This Extranet Site must not be framed on any other site, nor may you create a link to any part of this Extranet Site other than the login page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Extranet Terms of Use.

Links From This Extranet Site

This Extranet Site may contain links to websites operated by third parties. We do not control these sites and do not endorse or assume any responsibility or liability for the information, products and services provided through these sites. Before you use any site operated by a third party, you should review the applicable terms of use and policies. If you access a third-party site through this Extranet Site, you do so at your own risk.

Interpretation

As used in these Extranet Terms of Use, the term "including" means "including, but not limited to."

Waiver

Our failure at any time to require performance of any provision of these Extranet Terms of Use or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of Faegre Drinker Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Extranet Terms of Use or of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Extranet Terms of Use.

Severability

If any provision of these Extranet Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Extranet Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

Faegre Drinker's principal office is located in Minneapolis, Minnesota, USA. These Extranet Terms of Use shall be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Extranet Terms of Use shall be venued exclusively in state or federal court in Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Faegre Drinker Biddle & Reath LLP in the United Kingdom

The business carried on from the UK is carried on by Faegre Drinker Biddle & Reath LLP, a limited liability partnership registered in England and Wales. Registered number: OC303458. Registered office: 7 Pilgrim Street, London EC4V 6LB. VAT No. GB 802 8107 60. Regulated by the Solicitors Regulation Authority. A list of members is open for inspection at the registered office.

Some activities of Faegre Drinker Biddle & Reath LLP in, into or from the United Kingdom may be regulated under the Financial Services and Markets Act 2000 ("FSMA"). Faegre Drinker Biddle & Reath LLP in the United Kingdom is regulated by the Solicitors Regulation Authority as an "exempt professional firm" in connection with any such activities. The firm is not authorized under FSMA but we are able in certain circumstances to offer a limited range of investment services to clients because we are regulated by the Solicitors Regulation Authority. We can provide these investment services if they are an incidental part of the professional services we have been engaged to provide.

Questions About These Extranet Terms of Use

If you have questions about these Extranet Terms of Use, please contact us:

FAEGRE DRINKER BIDDLE & REATH LLP

Effective 1/1/2012

This extranet site (this "Extranet Site") is owned and operated by Faegre Drinker Biddle & Reath LLP ("Faegre Drinker," "we," "our" or "us"). Faegre Drinker is an international law firm with offices in the United States, United Kingdom and China. This Extranet Privacy Policy explains how we protect your privacy when you use this Extranet Site.

This Extranet Privacy Policy is part of the Extranet Terms of Use that govern your use of this Extranet Site (our "Extranet Terms of Use"). You may review our Extranet Terms of Use by clicking on the link at the bottom of the login page of this Extranet Site.

Scope of This Extranet Privacy Policy

This Extranet Privacy Policy covers the "personal information" we collect through this Extranet Site. "Personal information" is information that identifies you personally, either alone or in combination with other information available to us.

Your Consent

Please read this Extranet Privacy Policy carefully. If you do not agree to our Extranet Terms of Use or this Extranet Privacy Policy, you should not access this Extranet Site.

Privacy Notices

This Extranet Privacy Policy may be supplemented or amended from time to time by "privacy notices" posted on this Extranet Site. Generally, privacy notices provide details about the personal information we collect on particular pages or particular areas of this Extranet Site, why we need that information, and choices you may have about the ways we use or share that information. Our privacy notices are part of this Extranet Privacy Policy.

Changes to This Extranet Privacy Policy

We reserve the right to update or revise this Extranet Privacy Policy at any time and without prior notice. These changes will be effective as of the date we post the revised version on this Extranet Site. Should we update or revise this Extranet Privacy Policy, we will post a notice on the login page for a period of 60 days after such change. If you do not agree with the updated or revised Extranet Privacy Policy, you must not access this Extranet Site.

You may view or print the current version of this Extranet Privacy Policy at any time by clicking on the link marked "Privacy Policy" at the bottom of the login page of this Extranet Site. For your convenience, we will post a notice at the top of this Extranet Privacy Policy for 60 days after we revise this Extranet Privacy Policy to alert you to the changes we have made.

What Personal Information Do We Collect Through This Extranet Site?

Information You Provide. We collect the personal information you knowingly provide (using your mouse and keyboard) when you use this Extranet Site. The information we collect depends on how you use this Extranet Site.

Information Sent to Us by Your Web Browser. We collect information that is sent to us automatically by your Web browser. This information typically includes your IP address, the identity of your Internet Service Provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. An "IP address" is a unique number that is automatically assigned to your computer when you connect to the Internet. It is used to identify your computer's "location" in cyberspace, so that the information you request can be delivered to you. If you use a dial-up connection or a connection that assigns dynamic IP addresses, your computer will be assigned a new IP Address each time you connect to the Internet. If, however, your computer is permanently connected to the Internet using a static IP address, the IP address assigned to your computer will generally be the same each time you use your computer. Although it does not identify you by name, we treat your IP address as your personal information.

We may link the information provided by your browser to information that identifies you personally. For example, when you access this Extranet Site by clicking on a link in an electronic communication you receive from us, your browser tells us that someone has clicked on a particular link in that particular electronic communication. We may use this functionality to confirm that you have accessed a particular document posted to this Extranet Site. We may also use this information to improve our marketing efforts. In addition, we review our server logs — which contain visitors' IP addresses — for security and fraud prevention purposes. If criminal activity is suspected, we may share our server logs and the personal information we have collected through this Extranet Site with the appropriate investigative authorities who could use that information to trace and identify individuals.

Cookies and Similar Technologies. We use "cookies" and other Web technologies for a number of purposes, including

• to collect information about the ways visitors use this Extranet Site — for example, which pages they visit, which links they use, and how long they stay on each page;
• to support the features and functionality of this Extranet Site — for example, to save you the trouble of re-entering information already in our database or to prompt the settings you established on previous visits to this Extranet Site; and
• to personalize your experience when you use this Extranet Site.

Sometimes the information we collect using these Web technologies does not identify you personally.  Other times, however, we may link the information we collect using Web technologies to other information that identifies you personally, including through the use of your login information.

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You may also delete our cookies as soon as you leave this Extranet Site. Although you are not required to accept our cookies when you visit this Extranet Site, you will not be able to use all of the features and functionality of this Extranet Site if you set your browser to reject cookies.

How Do We Use the Personal Information We Collect Through This Extranet Site?

Generally, we use the personal information we collect through this Extranet Site to:

• Provide the information and services you request;
• Personalize your experience when you use this Extranet Site;
• Personalize our communications with you;
• Contact you with other information and/or services that we believe will be of interest to you;
• Contact you with information and notices related to your use of this Extranet Site;
• Invite you to participate in surveys and provide feedback to us;
• Make sure our mailing lists are accurate, current and do not contain multiple entries for the same individual;
• Better understand your needs and interests, including to better understand how you are using this Extranet Site and which documents on this Extranet Site you are accessing;
• Improve the content, functionality and usability of this Extranet Site;
• Improve our marketing and promotional efforts; and
• Security and fraud-prevention efforts.

"Email a Friend" Features. This Extranet Site may contain features that allow you to forward information and personal messages to a colleague. When you use one of these features, we will ask you to provide your name and email address and your colleague's name and email address. We use this information only to customize and deliver your message. We do not store this information in our databases after your email is delivered. 

How Do We Share Your Personal Information?

Parties That Have Access to This Extranet Site. The primary purpose of this Extranet Site is to facilitate communication among the parties that have access to it. Thus, by posting information to this Extranet Site, you are sharing that information with everyone who has access to this Site. The purpose for which we create an Extranet Site determines who has access to it. Some Extranet Sites are accessible only to Faegre Drinker and one of our clients. We create other Extranet Sites to facilitate deals between companies, in which case you may be accessing the Extranet Site either as a Faegre Drinker client, a related party (such as a joint defendant), or as someone adverse to that client. You should not post information to this Extranet Site that you do not wish to share with other entities that have access to this Site.

Clients and Browser or Cookie Data. As described above, information you knowingly provide (using your mouse and keyboard) when you use this Extranet Site may be accessible to everyone who has access to this Extranet Site. In addition, we may share with the client for whom we are operating this Extranet Site (and other people at such client's direction) information about how you use this Extranet Site, including information provided by your Web browser or collected through Cookies and similar technologies. For example, if this Extranet Site is being used as a dataroom for our client XYZ Company, then we may tell XYZ which pages on this Extranet Site you visited, the frequency of your visits to those pages, and the duration of your visits to those pages.

Service Providers. We may share your personal information with companies that perform services on our behalf, such as Web hosting service providers. These third parties are required by contract to use the personal information we share with them only to perform services on our behalf and to treat your personal information as strictly confidential.

Co-Sponsored Events. We may contact you with information about seminars and other events sponsored by Faegre Drinker. Some of these events may be co-sponsored with other organizations. In such cases, we may lend our mailing list to a co-sponsor so that all of the communications regarding the event can be processed centrally.

Compliance With Laws and Protection of Our Rights and the Rights of Others. We may disclose personal information when we, in good faith, believe disclosure is appropriate to comply with the law or a legal obligation. We may also disclose personal information to prevent or investigate a possible crime, such as fraud or identity theft; to enforce or apply our Extranet Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

Successors in Interest. Your personal information may be transferred to another law firm that succeeds to all or part of our business, for example, if we reorganize our partnership structure or transfer a significant portion of our assets or personnel to another firm. In such event, your personal information will continue to be protected by this Extranet Privacy Policy and the privacy preferences you have expressed to us.

How Can You Access, Update or Correct Your Personal Information?

If you wish to access, update or correct your personal information, please contact us by email at info@faegredrinker.com or postal mail at Faegre Drinker Biddle & Reath LLP, 2200 Wells Fargo Center, 90 South Seventh Street, Minneapolis, MN 55402-3901, USA, Attn. Marketing. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity. We reserve the right, subject to applicable law, to charge a reasonable fee to meet our costs in providing you with details of the personal information we hold about you.

Security

We take reasonable precautions to provide a level of security appropriate to the sensitivity of the personal information we collect. Although we use reasonable measures to help protect your personal information against unauthorized use or disclosure, we cannot guarantee the security of information provided over the Internet or stored in our databases. Your transmissions are, therefore, at your own risk.

Supplemental Information

From time to time, we may supplement the personal information we collect through this Extranet Site with information from other sources, including information we collect from you through other channels. For example, if you provide us with contact information when you attend one of our seminars, we may use that information to update the contact information collected through this Extranet Site.

Our Other Web Sites

Faegre Faegre Drinker operates other Web sites, including faegredrinker.com. This Extranet Privacy Policy applies only to this Extranet Site and not to any other site owned or operated by Faegre Drinker.

Third-Party Web Sites

This Extranet Site may contain links to Web sites owned by third parties. This Extranet Privacy Policy applies only to this Extranet Site and not to any third-party Web site.

Special Notice for Visitors Who Reside Outside the United States

Our Web servers and databases are located in the United States and in other countries. We may transfer your personal information among our offices and to our service providers and others located in the United States or other countries for the purposes described in this Extranet Privacy Policy. Different countries have different privacy laws and requirements, and some, including the United States, provide less legal protection for your personal information than others. Regardless of the country in which your personal information is collected, used, transferred or stored, information collected through this Extranet Site will be protected by the terms of this Extranet Privacy Policy and any other agreements between you and Faegre Drinker.

BY USING OUR SITES, YOU ARE CONSENTING TO THE COLLECTION, USE, AND TRANSFER OF YOUR PERSONAL INFORMATION IN OR TO THE UNITED STATES OR TO ANY OTHER COUNTRY IN THE WORLD SUBJECT TO THE TERMS OF THIS EXTRANET PRIVACY POLICY.

Governing Law

This Extranet Privacy Policy is governed under the laws of the State of Minnesota, USA, without regard to its conflicts of law provisions.

Contact Information

If you have any questions about this Extranet Privacy Policy or our data practices, please contact us:

Transparency Costs

London - Employment Tribunal Pricing & Services Information

The following pricing and services information is limited to the provision of advice and representation to employers in relation to defending claims for unfair dismissal or wrongful dismissal brought by an employee before the Employment Tribunal.

Please be advised that the Employment Tribunal is a no costs jurisdiction which means that even if you are successful in defending all the claims an employee might bring against you, you will not be able to recover your legal costs (except in very limited circumstances). 

Cost Information

The normal range of costs of the service:

Simple case: £ 15,000 - £ 50,000 (excluding VAT). This would typically be a one- or two-day hearing.

Medium complexity case: £ 50,000 - £100,000 (excluding VAT). This would typically be a two-to-five-day hearing.

High complexity case: £ 100,000 and £400,000 (excluding VAT). This would typically be a hearing of more than five days.

Factors that could make a case more complex include:

• Complex preliminary issues, such as whether claims are out of time or brought against the right person.
• Other claims that are linked to the dismissal, including discrimination or whistleblowing.
• Defending claims that are brought by litigants in person.
• The number of witnesses and documents in the case.
• The appointment of a barrister to appear on your behalf before the Employment Tribunal.
• The duration of the hearing.
• Where any of the parties are outside the UK.

The Basis for our Charges

Our fees are calculated mainly by reference to hourly rates but take into account the time demands of the engagement, its complexity, the skills and knowledge required, its importance to you and the seniority and experience of our personnel involved.

Hourly rates for our employment lawyers in providing these specific services before the employment tribunal typically range from £440 for our most junior associates to £750 for our most senior partners, respectively, and hourly rates for our trainees range from £300 to £320. These rates are exclusive of any applicable VAT. If value-added tax is chargeable in relation to our services, it will be payable in addition to our agreed fees.

Experience and Qualifications

Please visit the People section on our website to review the experience and qualifications of all the lawyers who carry out work within this area.

Disbursements

There may also be expenses payable to third parties, which are known as disbursements.  These may include counsel’s fees (i.e., a barrister’s fees), court fees, translation fees or expert fees. The most significant disbursements will usually be the barrister’s fees which will vary depending on the complexity of the case and counsel’s level of experience and expertise.  Counsel could charge between £5,000 to £25,000 (excluding VAT) per day of a hearing. There may be additional counsel fees for advice as the case develops and to prepare for the hearing.

Key Stages and Timescales

The fees set out above cover the work in relation to the following key stages of a defence of a claim:

• Taking your initial instructions, reviewing the papers, and advising you on the merits and the likely outcome (this will be revisited throughout the matter and is subject to change).
• Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached and exploring settlement throughout the process.
• Preparing the response to the claim(s).
• Preparing for and attending any preliminary hearings and interim application hearings, as required..
• Agreeing a list of issues, a chronology and/or cast list as required.
• Advising on disclosure, exchanging  documents, reviewing  documents and making requests for specific disclosure, as required.
• Agreeing and preparing a bundle of documents for the full hearing.
• Taking witness statements, drafting statements, agreeing their content with witnesses and exchanging witness statements.
• Reviewing and advising on the other party’s witness statements.
• Reviewing and advising on any schedule of loss, and preparing a counter-schedule, as required.
• Preparation for and attendance at full hearing, including instructing counsel.

The time that it takes to bring such a matter to conclusion varies widely depending on the issues, the complexity and the tribunal where the matter is being heard, but the average is currently around 6 – 24 months. This is just an estimate, and we would of course be able to give you a more accurate timescale once we have more information and as the matter progressed.

VAT

All legal fees and disbursements incurred by UK fee earners working on UK matters would be subject to applicable standard VAT at the prevailing rate (currently 20%).

London – Immigration Pricing & Services Information

The following pricing and services information is limited to the provision of advice to individuals in relation to their immigration applications. If you are a company wishing to sponsor a foreign national for a work visa, we would be happy to quote a fee to you separately.

Costs information 

The individual circumstances and requirements of our clients vary significantly. For example, it is not practicable for us to provide details of the total cost of our services until we have assessed the details of the proposed case and confirmed what work we will carry out for you. We have instead provided our hourly rates and a likely range of costs for each visa application in order to give you an indication of the cost. 

Clients are typically charged on the basis of our time.  Our hourly rate varies depending on the member of staff dealing with the matter and their location. Our lowest hourly rate is £225, excluding VAT and our highest hourly rate is £545 excluding VAT. We do our utmost to place the work with a fee earner of the appropriate level and seniority depending on complexity of your case. We will discuss this with you when you instruct us and ensure it is in line with the nature of the service you wish us to provide and the individual circumstances of your matter.

Costs are provided for your general guidance only and these should not be interpreted as a fixed fee or binding quote.

• Student visas – application for one applicant should cost between £2,500 and £4,000, excluding VAT.
• Visit visas (for tourism, or visiting friends / family) – application for main applicant should cost between £1,000 and £2,500, excluding VAT.
• Spouse and partner applications, including fiancé(e)s or proposed civil partners – application for the main applicant should cost between £ 3,000 and £ 5,000, excluding VAT.

The estimates set out above are based on straightforward cases where the applicant has readily available evidence and supporting documents, no adverse immigration or criminal history and meets all of the requirements of the relevant immigration category. 

We would, in any event, advise individuals on likely fees at the outset of a matter.  Our fees will reflect the particular requirements of the case, the applicant’s particular needs, and the extent of our work.

Factors that could make a case more complex and increase the cost include:

• Whether it is a first-time applicant or an extension.
• Whether there are multiple dependents (e.g., several children).
• Where the individual has a criminal record and/or prior immigration violation.
• The language of the client and whether we need to instruct a translator.
• The number of supporting documents or witnesses.
• Where supporting documents are difficult to obtain.
• The frequency and location of the meetings required by the client.
• Possible attendance at a Home Office interview.
• Whether it is a fast-tracked / premium application.
• The urgency of the matter.
• The general workloads and capacity of the team.
• The location of the work.

Experience and Qualifications

Please visit the People  section on our website to review the experience and qualifications of all the fee earners who carry out work within this area.

Disbursements

Disbursements are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf to ensure a smoother process, and these are then included (at cost) in our invoice to you as the client.

Typical disbursements may include:

• Costs payable to the Home Office. These differ according to the application being made
• Immigration health surcharge fees (if applicable)
• Translation fees
• Courier fees
• Case management fees

As individual circumstances and the requirements of each visa vary significantly, we are unable to provide costs for the disbursements listed above. We will, however, confirm the cost in advance wherever possible.

Key stages and Timescales

The stages set out below are an indication of the services you can expect to be included in a straightforward case:

• Discussing the client’s circumstances and confirming whether this is the most appropriate application to make and what other options may be available.
• Giving advice about the requirements of the Immigration Rules and whether the client meets the criteria. If the client does not fulfil certain criteria, whether this can be overcome and how.
• Considering the supporting evidence provided.
• Preparing the application and submitting it on the client’s behalf.
• Advising the client on timelines.
• Booking appointments to attend a visa application centre.
• Giving advice about the outcome of the application and any further steps needed.

Other stages – example of items not included in the fee estimates

• The Home Office fees for making an application.
• Attendance at a Home Office interview.
• Where the Home Office refuse your application, advice and assistance in relation to any appeal.
• Any travel expenses for attending a meeting outside of our offices.

Timescales

The timescale for submitting an application will depend on a variety of factors, including:

• How quickly information is provided to us by the client and third parties.
• The application type.
• Where the application is submitted.
• Whether priority processing is available.

Home Office processing times can vary (typically between 24 hours and six months) depending on the type of application, the availability of expedited services, and any case-specific factors. 

We would, in any event, advise clients on likely timescales at the outset of a matter. 

VAT

Charging VAT in relation to immigration matters will depend on where you live and what immigration permission you have. We will confirm whether VAT (at a rate of 20%) is payable when you instruct us.

Client Monies — Interest Policy

Introduction

This policy sets forth how the London office of Faegre Drinker Biddle & Reath LLP (“Firm”) applies interest in relation to funds held in our client bank account in accordance with regulatory requirements. The Firm is committed to its compliance obligations under the SRA Standards and Regulations. 

Background

Our interest policy seeks to provide a fair outcome for clients while recognising money must be immediately available unless clear contrary instructions are received.

As required under the regulations, the Firm ensures client money is (i) kept safe, (ii) available for the purpose for which it is provided and (iii) separate from Firm funds.

There are two types of client accounts:

1. A designated client account. This account is set up specifically for an individual client and will include in its title a reference to client identity and is sometimes set up when there are specific contractual requirements.
2. A general client account. This is where most client funds are held on an immediate access basis and the client will typically receive as much interest had the client held and invested the funds.

Application of Interest for Client Funds Held

• Funds held in a designated client account. Firm will account for all interest earned on that account (net of any tax deducted at source).
• Funds held in a general client account (or money under our control which should have been held in a client account). Firm will account for interest when it is fair and reasonable to do so in the principles and practices detailed below.
  • Firm will compound interest quarterly.
  • Firm will in most instances calculate and pay interest once matter has concluded, however, there may be instances where it might be more appropriate to account for interest at intervals throughout the matter.
  • Due to regulatory requirements and administrative costs, Firm will not pay interest if the sum calculated is (i) less than £75 in total for the full period during which the Firm held client money or (ii) if upon file closure, there is less than £5.
  • Firm reserves the right to set off any interest due to the client against any amounts due to Firm.
  • Firm will retain interest paid to Firm by the bank on the aggregate of all client money held in the general client account.
  • Firm will not pay interest on money held:
    • For payment of a professional disbursement once counsel or other professional has requested a delay in settlement
    • For the Legal Aid Agency
    • On an advance from Firm into our general client account to fund a payment on the client’s behalf in excess of funds already held for the client in that account
    • If there is an agreement to contract out of the provisions of this policy

Calculation of Interest Payable

Interest will be calculated and paid by reference to applicable rates over the period for which the Firm holds cleared funds. Unless otherwise agreed, where the Firm is holding funds for multiple matters, balances will not be aggregated for interest calculation purposes.

Faegre Drinker’s commitment to diversity and inclusion is reflected as a core value and embedded throughout the life and policies of our firm. We promote an environment where all perspectives are welcome and valued, and where each individual is provided with opportunities to develop and advance. We are committed to supporting our people, our clients, and our profession to ensure that diversity and inclusion is valued and everyone is treated with dignity and respect.

Access the Documents

This link leads to the machine readable files that are made available in accordance with the federal Transparency in Coverage Rule and includes negotiated service rates and out-of-network allowed amounts between health plans and healthcare providers. The machine-readable files are formatted to allow researchers, regulators, and application developers to more easily access and analyze data.