Effective Date: January 4, 2024
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Nelson, Mullins, Riley & Scarborough LLP and its affiliates (collectively, “Nelson Mullins”) want you to be familiar with how we collect, use, share, or otherwise process information that relates to you (“Personal Information”). This Privacy Notice informs you of our practices in connection with Personal Information that: we collect, both online and offline, including in connection with the services that we provide; our main website (www.nelsonmullins.com); and other websites, mobile applications, and digital communications (like email) that display or link to this Privacy Notice (collectively, “Services”).
By using the Services or submitting your Personal Information to us, you agree to the collection and use of your Personal Information as described within the Privacy Notice. If you do not agree with this Privacy Notice, please discontinue all use of the Services.
Because we are a law firm, we process information relating to individuals during our legal representation of a client. This Privacy Notice does not apply to information which you may provide to Nelson Mullins in attorney-client relationships or that is protected by confidentiality, the attorney-client privilege, the attorney work product doctrine, or any other applicable protection. While we do commonly process personal information during our legal representation of a client, such processing is performed on behalf of and at the direction of our client, subject to our client agreements and professional responsibilities, and is not covered by this Privacy Notice. The information we collect and process in this context is governed by our client agreements and professional responsibilities and is not covered by this Privacy Notice.
If you have any questions or comments about the Privacy Notice or our privacy practices, please contact us at info@nelsonmullins.com.
Table of Contents
Section 1: Personal Information We Collect
Section 2: How We Use Personal Information
Section 3: How Personal Information is Disclosed or Shared
Section 4: Retention of Personal Information
Section 5: Your Privacy Rights and Other Choices
Section 6: Security Practices
Section 7: International Data Transfers
Section 8: Children
Section 9: Links to Other Websites and Services
Section 10: Changes to this Privacy Policy
Section 11: Governing Law
Section 12: How to Contact Us
Section 13: Information for California Residents
1. Personal Information We Collect
The types of Personal Information we collect about you depend on how you interact with us and are further described below. This section describes the types of Personal Information that we may have collected in the previous 12 months and from where the information was sourced.
a) Information You Voluntarily Provide to Nelson Mullins. We collect Personal Information that you voluntarily provide to us. This includes, for example, Personal Information you provide when contacting us (including when contacting us on behalf of your employer to obtain our legal services); requesting client alerts, timely updates, event invitations, newsletters, or other informative materials; registering for a webinar or event; filling out a form; responding to a survey; submitting a message through our sites; asking to be contacted by us; or otherwise communicating with us.
The categories of Personal Information that we may collect directly from you include:
b) Information We May Generate or Collect Automatically. We may generate or collect automatically certain types of Personal Information when you interact with us and our Services. The type of Personal Information we collect in this context may include:
We and our service providers or third parties engaged on our behalf may use cookies, pixel tags, or similar tracking technologies (“Collection Technologies”) to gather the information described above when you use, access, otherwise interact with our Services. Below we have described how we use Collection Technologies and the choices you may have.
Our use of Collection Technologies generally falls into the categories listed below. Please note that these are the main ways of classifying cookies, although there may be other cookies that will not fit neatly into these categories or may qualify for multiple categories.
Strictly Necessary |
Cookies that are necessary for our websites to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. |
Functional |
Enable the website to provide enhanced functionality and personalization based on your interaction with the website. For example, they may allow websites to remember the user’s site preference and choices they make on the site including username, region, and language. |
Analytics and Performance |
These cookies are used specifically for gathering data on how visitors use a website, which pages of a website are visited most often, or if they get error messages on web pages. Some examples of performance cookies are cookies that count page visits, idle time by a user on a page, bounce rates, and load speeds. |
Advertising and Targeting |
Specifically designed to gather information from you on your device to display advertisements to you based on relevant topics that interest you. |
For information on how to manage your cookie preferences, please see section 5.
c) Information We Collect from Other Sources. We may obtain Personal Information from other sources, such as our clients, employees, or business partners, or from business contact databases and enrichment services. We may also receive information about you from social media platforms, such as when you interact with us on those platforms or access our social media content. We may collect information about you from publicly available sources, such as public social media profiles, publications, and other websites or materials available through search engines.
We may collect the following categories of information from these other sources:
2. How We Use Personal Information
We use Personal Information for a variety of purposes, including to conduct our business and to provide you with the best products, services, and experiences possible. We know transparency is important so below are the ways we use Personal Information.
3. How Personal Information is Disclosed or Shared. We may disclose the Personal Information we collect with the third parties listed below. In no situation do we disclose your Personal Information in exchange for money.
Our Advertising or Analytics Providers include, for example:
We may share anonymous, de-identified, or aggregate information that cannot reasonably identify you with others for any purpose, as permitted by applicable law. Please note that any Personal Information that you post to a profile, blog, comment section, or forum on our Services or social media pages may be available to other users of those forums or, in some cases, made publicly available.
4. Retention of Personal Information. We retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law. Please note that in many situations we must retain all, or a portion, of your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, to protect against fraudulent, deceptive, or illegal activity, or for another one of our business purposes.
5. Your Privacy Rights and Other Choices. Below are rights and choices you may have with respect to your Personal Information. Please note that some of the rights may vary depending on your state of residence.
a) Privacy Rights. Certain states provide individuals with data rights. Depending on your state of residence, you may have the right to:
To exercise the Privacy Rights identified above, please: call us at 1.800.237.2000 or email us at info@nelsonmullins.com. If you have questions about your privacy rights or would like to appeal a decision made concerning a privacy request you submitted, please email us at info@nelsonmullins.com.
b) Managing Communication Preferences. If you no longer wish to receive marketing communications from us, you can let us know by contacting us using the information available in the How to Contact Us section below. Our digital marketing communications may provide unsubscribe or opt-out mechanisms that allow you to modify your communications preferences. Please note that if you opt-out of marketing communications, we may still contact you with non-promotional communications, such as those about ongoing business relations or administrative messages.
c) Managing Cookie and Other Collection Technologies Preferences. When you first visit our website, you will be presented with a banner which offers you a choice about whether to accept or reject cookies or Collection Technologies of different types, with the exception of those cookies which are necessary for a particular service. If you wish to amend your choices, you can do by clicking here.
If you wish, you can also choose how web browser cookies are handled by your device via your browser settings. Some devices allow you to control this through your device settings. If you choose not to receive cookies at any time, websites may not function properly and certain services will not be provided. Each browser and device is different, so check the settings menu of the browser or device to learn how to change your settings and cookie preferences.
You can find information on how to manage cookie settings on certain browsers via the following links:
Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative and the Digital Advertising Alliance.
To the extent our use of Collection Technologies is deemed to be a “sale”/ “share” under California law, you can opt-out of these tracking technologies by submitting a request via Your Privacy Choices, which is available at the bottom of our website. Please note, some features of our websites may not be available to you if you opt-out of the use of these tracking technologies.
d) Geolocation Data. If you have previously consented to sharing geolocation information with our Services, you can choose to stop the collection of this information at any time by changing the preferences on your browser or mobile device settings.
e) Push Notifications/Alerts. If you have permitted one of our mobile applications to send you push notifications or alerts, you can deactivate these messages at any time in the notification settings on your mobile device.
6. Security Practices. We have implemented certain administrative, physical, and technical security measures to help protect against loss, misuse, or alteration of your Personal Information. While we use commercially acceptable means to protect your Personal Information, no method of transmission over the Internet is 100 percent secure. As a result, we cannot guarantee the absolute security of your personal information. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of Personal Information.
7. International Data Transfers. All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.
If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses.
For more information about the safeguards we use for international transfers of your personal information, please contact us using the contact methods provided below.
8. Children. Our Services are not intended for or directed to children under the age of 13. We do not knowingly collect Personal Information directly from children under the age of 13 without parental consent. If we become aware that a child under the age of 13 has provided us with Personal Information, we will delete the information from our records.
9. Links to Other Websites and Services. Our Services may provide links to Internet sites, content, or videos (embedded or direct links) maintained by third parties. We are not responsible for the sites, content, or videos available via those links, and we have not reviewed the privacy practices of those third parties. We encourage you to review the privacy practices of any third-party sites you choose to access.
10. Changes to this Privacy Notice. We may update this Privacy Notice periodically and will revise the date at the top of this Privacy Notice to reflect the date when such update occurred. If we make any material changes in the way we collect, use, and/or share the Personal Information that you have provided, we will endeavor to provide you with notice before such changes take effect, such as by posting prominent notice on the Nelson Mullins website.
11. Governing Law. This Privacy Notice is governed by and construed in accordance with the laws of the State of South Carolina and any action arising out of or relating to this Privacy Notice shall be filed only in state or federal courts located in Richland, County, South Carolina. By using our Services, you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
12. How to Contact Us. We welcome your inquiries and comments. Please note, however, that if you are not a client, we may not be able to treat the information you send us as confidential or privileged. If you wish to contact us regarding legal or other services, please contact an attorney in one of our offices near you. You can find a list of our offices and our attorneys on our main website (www.nelsonmullins.com).
If you have questions about our information practices, please contact us using the following methods:
13. Information for California Residents – California Privacy Rights. California law requires us to disclose the following information with respect to our information practices. If you are a California resident, this section applies to you in addition to the rest of the Privacy Notice.
a) Categories of Personal Information Collected and Sources. The “Personal Information We Collect” section identifies the categories of Personal Information we may have collected in the preceding 12 months, and the sources from which we obtain such information.
b) Purposes for Collection. We collect and use Personal Information for the business or commercial purposes described in the “How We Use Personal Information” section above.
c) Categories of Personal Information Disclosed and Categories of Recipients. We may have disclosed the following categories of Personal Information in the preceding 12 months for our business or commercial purposes, to the categories of recipients listed below. Agreement and Changes to the Privacy Policy.
Categories of Personal Information We Disclose | Categories of Recipients |
Identifiers | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
Demographic Information | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
Professional and Educational Information | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
Health Information | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
User Content | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
Preferences | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
Device Information | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
Commercial Information | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
Internet or Other Electronic Network Activity Information | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
Geolocation Information | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
Audio and Visual Information | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
Inferences | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
Sensitive Personal Information | Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and Social Media Platforms and Networks |
For more details on how your Personal Information is disclosed, please see the “How We Disclose Personal Information” section, which provides additional information about our disclosure of Personal Information to Affiliates, Service Providers, Business Partners, Advertising or Analytics Providers, and the Social Media Platforms and Networks we use.
We may also disclose any of the above categories of Personal Information: (1) for legal, fraud prevention, or safety purposes; (2) to our Professional Advisors; (3) as a result of a Business Transfer; or (4) based on your consent or instruction, all four of which are also described in the “How We Disclose Personal Information” section above.
d) California Privacy Rights. Subject to certain limitations, California residents have the following rights regarding their Personal Information.
The chart below summarizes the categories of Personal Information disclosed that may be considered “selling” or “sharing” under California law. Each of these categories may be “sold” or “shared” to our Advertising or Analytics Providers or the Social Media Platforms and Networks we use. We do not knowingly sell the Personal Information of consumers under 16 years of age.
Categories of Personal Information Sold or Shared |
Identifiers |
Demographic Information |
Professional and Educational Information |
Health Information |
User Content |
Preferences |
Device Information |
Commerical Information |
Internet or Other Electronic Network Activity Information |
Geolocation Information |
Audio and Visual Information |
Sensitive Personal Information |
Inferences |
e) Exercising Your California Privacy Rights
f) California Shine the Light. California residents may request information concerning the categories of Personal Information, if any, we share with third parties or affiliates for their direct marketing purposes. If you would like more information, please contact us at: info@nelsonmullins.com.
g) Do Not Track Disclosure. Some browsers offer a “Do Not Track” privacy preference. Generally, when a user turns on the Do Not Track Signal, their browser sends a message to websites requesting that the user not be tracked. Our websites currently do not respond to “Do Not Track” signals.
Contact
For questions, comments or inquiries regarding the collection, processing and storage of your Personal Information by us, please contact us via e-mail or phone at:
or in writing to:
Daniel S. Sanders, Jr.
General Counsel
201 17th Street NW | Suite 1700
Atlanta, GA 30363
United States of America