Foley & Lardner LLP GDPR Website Privacy Addendum

This GDPR Website Privacy Addendum (the “GDPR Website Privacy Addendum”) supplements the information contained in the Foley & Lardner Website Privacy Notice and applies solely to all users of our Website who are located in the European Economic Area. We adopt this GDPR Website Privacy Addendum to comply with the General Data Protection Regulation (2016/679) and any implementing acts of the foregoing by any of the member states of the European Economic Area, the United Kingdom, or Switzerland (“GDPR”) and any terms defined in the GDPR or our Privacy Notice have the same meaning when used in this GDPR Website Privacy Addendum. This GDPR Website Privacy Addendum takes precedence over anything contradictory in our Privacy Notice.

Foley is the data controller of your Personal Data. At this time, Foley is not required to appoint a Data Protection Officer or a representative in the EU related to the processing of Personal Data from users of our Website, and has elected not to do so. Foley may be contacted in any manner set forth below in the “Contact Information” section of this Privacy Notice.

If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

• Consent. By using our Website, you consent to our collection, use, and sharing of your Personal Data as described in this Privacy Notice. If you do not consent to this Privacy Notice, please do not use the Website.
  
• Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms and we do not process your Personal Data if your rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between Foley and you; detect and correct bugs and to improve our Website; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime; promote and market our business; and perform risk assessments. 
  
• As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, violations of our terms of use, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims. 

Foley does not ask you to provide, and we do not knowingly collect, any special categories of Personal Data from you.

Foley does not use your Personal Data with any automated decision making process, including profiling, which may produce a legal effect concerning you or similarly significantly affect you.

Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

• Access and Update. You may notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
  
• Restrictions. You may have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
  
• Portability. To the extent the Personal Data you provide Foley is processed based on your consent and that we process it through automated means, you may have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
  
• Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by contacting us through email at PrivacyOfficer@foley.com or through the Contact Us page on our Website. You may also withdraw your consent to send you legal updates by clicking the unsubscribe link at the bottom of a legal update that you receive from us. Note that unsubscribing from one of our blogs in this way only unsubscribes you from that blog; you may need to unsubscribe from additional blogs separately. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
  
• Right to be Forgotten. You may have the right to request that we delete all of your Personal Data. We will only delete your Personal Data when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.
  
• Complaints. You may have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
  
• How You May Exercise Your Rights. You may exercise any of the above rights (when applicable) by contacting us through any of the methods listed under Contact Information below. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.

If you are a resident of the European Economic Area (“EEA”), in order to provide our Website and legal updates to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. Your information may be processed and stored in the United States and United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using our Website, you represent that you  have read and understood the above and hereby consent to the storage and processing of your Personal Data outside the country where you reside or are located, including in the United States. 

Your Personal Data is transferred by Foley to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. To ensure your Personal Data is treated in accordance with this Privacy Notice, Foley uses Data Protection Agreements between Foley and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses may provide for an adequate level of protection of your Personal Data, but may need to be supplemented with additional measures on a case-by-case basis. When be believe this to be appropriate and necessary, these Standard Contractual Clauses have been supplemented in this way. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third party. You may request a current copy of the Data Protection Agreement by contacting us through the Contact Information below. 

We may retain your Personal Data for the entire time that you subscribe to one of our legal blogs. After you unsubscribe to all of our blogs, we may retain your Personal Data:

• for as long as necessary to comply with any legal requirement; 
• on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
• for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
• for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

If you have any questions, concerns, complaints or suggestions regarding our Privacy Notice, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you may contact us at the contact information below. 

To Contact Foley (Controller)
Foley & Lardner LLP
Attn: Office of the General Counsel/Privacy Officer
321 N. Clark Street, Suite 2800
Chicago, IL 60654
United States
1(312)832-4500
PrivacyOfficer@foley.com