Privacy Policy

Last Updated: September 2019

Allegaert Berger & Vogel LLP (“ABV” or “We”) respects your privacy and is committed to protecting it through our compliance with this privacy policy (“Privacy Policy”). Please read this policy carefully for information about how We collect, use, maintain, and disclose information about you collected or received through the ABV website located at www.abv.com (“Website”), marketing emails, and subscription emails and other electronic messages between you and the Website. This Privacy Policy does not apply to information collected by Allegaert Berger & Vogel LLP offline or through any other means, including on any other website operated by ABV or any third party (including our affiliates and subsidiaries).

BY ACCESSING OR VIEWING THE WEBSITE, MARKETING EMAILS, OR SUBSCRIPTION EMAILS YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND YOU EXPRESSLY CONSENT TO THE COLLECTION, USE, MAINTENANCE, AND DISCLOSURE OF INFORMATION ABOUT YOU, INCLUDING PERSONAL INFORMATION (AS DEFINED IN SECTION 1.1 BELOW), IN ACCORDANCE WITH THIS PRIVACY POLICY. If you do not agree with our policies and practices in this Privacy Policy, do not use the Website or view marketing emails or subscription emails.

1. Types of Information. We collect both Personal Information and Anonymous Information, each as defined below, in connection with your use of the Website, ABV marketing emails, and ABV subscription emails.

1.1. Personal Information. “Personal Information” is information which may be used to identify or contact an individual, such as your name, mailing address, phone number, email address, and any other information which identifies you or allows ABV to contact you.

1.2. Anonymous Information. “Anonymous Information” is information We collect that is not associated with or linked to Personal Information about you and which, on its own, does not individually identify you.

2. How We Collect and Use Information.

2.1. Information You Provide. You may provide ABV Personal Information when you send ABV a message through the “CONTACT US” form and through individual attorney contact forms available on attorney profile pages. We may use or share the Personal Information you provide through these contact options to communicate with you or perform some action you have requested. We may also internally use or combine Personal Information about you with other information to maintain and improve our services, and for marketing such as announcements, newsletters and other forms of marketing. In some cases, you may provide Anonymous Information on the Website. If We do not associate this information with Personal Information about you, then We may use this information at our discretion and for any purpose. If this Anonymous Information is associated with you, then We will use it consistent with how We use Personal Information in this section.

2.2. Information Collected Automatically When Visiting the Website. We use “cookies” to collect Personal Information and Anonymous Information about visitors to the Website. We may use both session cookies and persistent cookies to identify visitors to the Website and to determine how and when visitors interact with the Website. If these cookies provide Personal Information, or We associate this information with Personal Information about you, then We may use this information to customize the Website for individual visitors, maintain and improve our services, and for marketing consistent with this Privacy Policy. We may use, transfer, and disclose Anonymous Information gathered from cookies for any purpose.

2.3. Web Beacons. Pages within the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs). Web beacons permit ABV, for example, to count users who have visited those pages or opened an e-mail and for other related email or Website statistics (for example, recording the popularity of certain content and verifying system and server integrity). This information is used to enable more accurate reporting, improve the effectiveness of our marketing, and maintain and improve our email and the Website.

2.4. Anonymous Information Generally. We may create Anonymous Information records from Personal Information by excluding information (such as your name) that would otherwise make such data personally identifiable to you. We may use Anonymous Information at our discretion and for any purpose.

3. How We Share Information.

3.1. Our Service Providers. We employ third-party companies and individuals to administer and provide services on our behalf (including, but not limited to, a cloud service provider) who may need Personal Information to provide services for ABV. These third-party service providers are restricted from using Personal Information for any purpose other than to provide the services We request.

3.2. At Your Request or With Your Consent. We may disclose information about you to fulfill the purpose for which you provide it, disclose it at your request or with your consent, and for any other purpose disclosed by ABV when you provide the information.

3.3. Other Disclosures. Regardless of any choices you make regarding Personal Information, We may disclose Personal Information: (i) to respond to subpoenas, warrants, court orders, lawful requests, or legal process, (ii) to establish or exercise our legal rights or defend against legal claims, or protect other users, or (iii) in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, or as otherwise required by law.

3.4. Business Transfers. We may transfer Personal Information about you in the event of a merger, acquisition, reorganization, sale of assets, or in the event of bankruptcy. We may also share Personal Information about you with subsidiaries, joint ventures, or other companies under common control that We may have now, or in the future, in which case We will require them to honor the terms of this Privacy Policy.

4. Choices About How We Use and Disclose Information. We strive to provide you with choices regarding the Personal Information you provide to ABV.

4.1. Browser Settings. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies.

4.2. Privacy Center. We have also created a Privacy Center to provide you with settings and information about how We use information about you. The Privacy Center also contains information about how you may contact ABV to make requests regarding Personal Information.

4.3. How We Respond to Do Not Track. This Website does not respond to Do Not Track signals.

5. Children Under the Age of 13. The Website is not intended for children under 13 years of age. No one under age 13 should provide any information to or on the Website. We do not knowingly collect Personal Information from children under 13. If We learn We have collected or received Personal Information from a child under 13 without verification of parental consent, We will delete that information. If you believe We might have any information from or about a child under 13, please contact us at:

Allegaert Berger & Vogel LLP
111 Broadway, 20th Floor
New York, NY 10006
draineri@abv.com

 6. Third-Parties. Any third-party websites, products and services (collectively “Third-Party Services”) are managed by those third-parties. The presence of a link to Third-Party Services does not constitute an endorsement, authorization, or representation that We are affiliated with the Third-Party Services. We do not exercise control over Third-Party Services and Third-Party Services are governed by their own privacy policy. We encourage you to read the privacy policy and terms of use for these Third-Party Services before you choose to utilize them.

7. Protection of Personal Information. Your privacy is important to ABV. We take reasonable administrative and technical precautions to protect Personal Information. However, no method of transmission over the internet, or method of electronic storage, is completely secure. ABV cannot completely eliminate the risks associated with handling information over the internet. YOU ACKNOWLEDGE AND AGREE THAT YOU PROVIDE PERSONAL INFORMATION AT YOUR OWN RISK. WE ARE NOT LIABLE FOR THIRD PARTY CIRCUMVENTION OF ANY PRIVACY SETTING OR ANY OF OUR SECURITY MEASURES.

8. Data Protection for Users in Europe. For purposes of the General Data Protection Regulation (“GDPR”), ABV is the controller of your personal data. The GDPR defines personal data as any information relating to an identified or identifiable natural person.

8.1. Processing Your Data. If you provide ABV personal data to determine the suitability of services referenced on the Website then We will lawfully process your personal data to perform a contract with you or take steps at your request prior to entering into a contract. We internally process your personal data for our legitimate business interests, like improving ABV services, in a manner that does not outweigh your fundamental rights and freedoms. If you provide your personal data to receive a subscription email, then we will process your information to provide you with the requested subscription. If you would like to withdraw your consent to receiving a subscription email, then you may complete the unsubscribe process within the subscription email. In some cases, We will use your personal data for direct marketing, in which case you have the right to object to direct marketing.

8.2. Cookies and Web Beacons. ABV has legitimate business interests in providing Website functionality, understanding how visitors and customers use the Website, marketing emails, and subscription emails, and improving our services. ABV uses cookies and web beacons to provide functionality and to personalize the Website, marketing emails, and subscription emails. ABV also uses cookies and web beacons to capture information about internet protocol (IP) addresses, browser types, and access times to learn more about Website, marketing email, and subscription email traffic patterns and to perform maintenance. You have choices with regards to the management of cookies on your computer. For more information about cookies and web beacons, please see section 5 of this Privacy Policy or visit the Privacy Center.

8.3. Categories of Recipients of Your Personal Data. We employ third-party service providers to administer and provide services on our behalf (including, but not limited to, a cloud service provider) who may need your personal data to provide services for ABV. These third-party service providers are restricted from using your personal data for any purpose other than to provide the services requested by ABV.

8.4. Data Subject Rights. The GDPR provides certain rights for individuals. You may request information about: the purpose of processing; the categories of personal data concerned; third parties that may have received your personal data from ABV; the source of your personal data (if you didn’t provide it directly to ABV); and how long your personal data will be stored. You have a right to correct your personal data record maintained by ABV if it is inaccurate. Subject to certain exceptions, you may request that the ABV erase your personal data or cease processing your personal data. You have the right to receive, or transmit to another controller, personal data concerning you that you have submitted to ABV. ABV will provide reasonable access to your personal data at no cost upon request and if access cannot be provided within a reasonable time frame, ABV will provide you with a date when the information will be provided. If for some reason access is denied, ABV will provide an explanation as to why access has been denied. In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how ABV processes your personal data. To exercise these rights, please visit the Privacy Center.

8.5. Transferring Personal Data from the EU to the United States. The information ABV collects from you is processed in the United States. The United States has not sought, nor received, a finding of “adequacy” from the European Union under Article 45 of the GDPR. ABV relies on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, ABV collects and transfers to the U.S. personal data only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of ABV when your rights and freedoms are not overriding.

8.6. Data Storage and Retention. Your personal data is stored by ABV on cloud-based database management services located in the United States. ABV retains data for the duration of your business relationship with ABV and for a period of time thereafter to satisfy legal requirements. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please visit the Privacy Center.

9. Changes to This Privacy Policy. We may update this Privacy Policy from time to time to reflect changes or updates to our technology, data practices, service methods, or other factors. If We make material changes to this Privacy Policy, We will notify you by posting the revised Privacy Policy on our Website. Changes to the Privacy Policy will become effective immediately, unless otherwise noted. Your continued use of the Website, marketing emails, or subscription emails following the effective date of these changes indicates your consent to the revised policies and practices. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you object to any revisions, you should immediately cease using the Website or viewing marketing emails or subscription emails.

10. Questions. If you have questions related to this Privacy Policy, please contact ABV at:

Allegaert Berger & Vogel LLP
111 Broadway, 20th Floor
New York, NY 10006
draineri@abv.com