2. EU-US and Swiss-US Privacy Shield Compliance
InCloudCounsel certifies that it complies with the EU-US Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, retention, and transfer of Personal Data from European Union (“EU”) member countries and Switzerland to the United States, respectively. InCloudCounsel further certifies that it adheres to the Privacy Shield Privacy Principles (the “Principles”) of 1) Notice; 2) Choice; 3) Accountability for Onward Transfer; 4) Security; 5) Data Integrity and Purpose Limitation; 6) Access, and 7) Recourse, Enforcement, and Liability.
InCloudCounsel is subject to the jurisdiction, enforcement, and investigatory authority of the United States Federal Trade Commission as well as EU and Swiss data protection authorities.
Any questions, comments or complaints about the data practices of one of the customers or partners for whom InCloudCounsel processes data, should be addressed to that customer or partner.
3. Personal Data Collection
InCloudCounsel may collect, use, store and transfer different categories of Personal Data about you. We collect Personal Data about you from:
(i) You when you provide such information directly to us, and when Personal Data about you is automatically collected in connection with your use of our Services.
(ii) Our subsidiaries and affiliates (together “Affiliates”), when they provide us with Personal Data about you.
(iii) Third parties, when they provide us with Personal Data about you (“Third Parties”). Third Parties that share your Personal Data with us include service providers and employers. For example, we may use analytics service providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
Category of Personal
Name, mailing address, email address, phone number, username, password, and Internet Protocol address.
(including the California Customer Records statute (Cal. Civ. Code § 1798.80(e)))
Name, mailing address,
We may collect your age and sex to the extent it is provided on your resume.
Geographic location as
Company, title, and
(per the Family Educational Rights and Privacy Act (20
We may collect your grade point average to the extent it is provided on your resume.
We may create user
Date of birth and age
We use different methods to collect Personal Data from and about you, including through:
(i) Direct interactions. Personal Data may be collected when you apply for an employment opportunity on our site, establish a user account for use with our services, complete a survey, inquire about employment, submit a resume, correspond with us with our website or otherwise, or inquire about our service offerings. Personal Data may also be collected when a customer (e.g., your employer) supplies InCloudCounsel with an email address, name, phone number, and/or similar account details.
(ii) Automated technologies or interactions. A primary source of non-personally identifiable information includes anonymized browser information when you are using our websites, where this cannot be linked to other personal data. Website log files and Third Party scripts collect information that may include IP addresses, browser type, internet service provider (ISP), referral/exit pages, pages viewed, date & time stamps, and other similar information. Log files and Third Party scripts may also collect general demographic information. We use these log files and Third Party scripts to help us analyze traffic patterns & site usage, understand audiences, as well as improve our sites and services and are not able to identify you from this information.
(iii) Third Parties or publicly available sources. For example, we may acquire Personal Data through Third Party sources, such as business intelligence platforms. We ensure that such Third Parties respect the security of your Personal Data.
4. If you fail to provide Personal Data
Where we need to collect Personal Data by law, or under the terms of a contract we have with you, and you fail to provide that Personal Data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel the service you have with us, but we will notify you if this is the case at the time.
5. Personal Data Use
How We Use Your Personal Data
InCloudCounsel is the sole owner of Personal Data collected from its employees in the context of employment relationships. In this context, the data collected is solely used for employment-related purposes.
In connection with the services provided by InCloudCounsel to customers, InCloudCounsel may receive, store, and/or process Personal Data on behalf of our customers and partners within the context of the services. In such cases, we are acting as a data processor and will process such Personal Data on behalf of and under the specific direction of our customers and partners. InCloudCounsel does not own this Personal Data or any other information which a customer or partner enters or uploads to the platform for storage, processing or transmission to another in furtherance of the provision of legal services to the customer by the partner, and no such information will be used by InCloudCounsel for its own commercial purposes. InCloudCounsel is committed to protecting the confidentiality of any and all such information from intrusion by any individual who is not involved in the provision of services to the customer.
6. Opting Out
You may opt-out of communications at any time by clicking the unsubscribe link provided in an email or by sending a request to [email protected]. Where you opt-out of receiving these marketing messages, this does not mean that we will stop processing your Personal Data provided to us as a result of any services we provide to you.
7. Change of Purpose
We will only use your Personal Data 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 you wish to receive an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at [email protected].
If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
8. Disclosures, Sharing, & Onward Transfers of Personal Data
Disclosures of Personal Data for a Business Purpose
We disclose your Personal Data to service providers and other parties for the following business purposes: In the achievement of internal business operations and in order to best serve you, InCloudCounsel may disclose Personal Data to Third Parties who reasonably need to know such Personal Data in the accomplishment of a contracted task or InCloudCounsel business purpose. For example, the electronic billing of clients or processing of benefits/payroll through Third Party providers. We may also disclose your Personal Data to third parties in the following circumstances:
(i) As required by law to comply with a subpoena or similar legal process. To the extent we are legally permitted to do so, we will take commercially reasonable steps to notify you in the event that we are required to provide your Personal Data, customer or business information to Third Parties as part of a legal process. InCloudCounsel also may be required to disclose Personal Data in response to lawful requests by public authorities, including requests from national security or law enforcement authorities.
(ii) When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a written government request.
(iii) If InCloudCounsel becomes involved in a merger, acquisition, or any form of sale of some or all of its assets.
(iv) To any other Third Party with your prior consent.
(v) When detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
(vi) Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
(vii) To undertake activities to verify or maintain the quality or safety of a service or device that we own, manufacture, was manufactured for us, or control.
Third-Party recipients must agree to abide by contractual obligations established 1) restricting use of Personal Data to InCloudCounsel instructed/specified purposes, 2) securing the availability, integrity, and confidentiality of the Personal Data whilst in their possession, and 3) returning & purging Personal Data upon termination of the relevant contract. InCloudCounsel will ensure that the same or a better level of protection as InCloudCounsel provides is afforded to Personal Data by contracted Third-Parties throughout the defined term during which a Third Party is contracted. Third Parties are not permitted to use Personal Data except for the purpose of providing contracted services.
We disclose your Personal Data to the following categories of service providers and other parties:
- Service providers, including:
- Payment processors.
- Ad networks.
- Marketing service providers.
- Security and fraud prevention consultants.
- Hosting and other technology and communications providers.
- Analytics providers.
- Staff augmentation and contract personnel.
- Our Affiliates.
- Parties who acquire your Personal Data through an acquisition or other change of control.
- Personal Data may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part).
- Other parties at your direction.
- Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services).
- Social media services (if you intentionally interact with them through your use of the Services).
- Third-party business partners who you access through the Services.
- Other parties authorized by you.
Sales of Personal Data
We have not sold your Personal Data over the last 12 months.
9. Countries having access to your Personal Data
You should be aware that some Third Parties with whom we share your Personal Data may be located outside your country or the country from which your Personal Data is obtained and may be located outside the European Economic Area (“EEA”).
Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it, by ensuring at least one of the following safeguards is implemented:
(i) the transfer of your Personal Data is to a country that has been deemed to provide an adequate level of protection for Personal Data by the European Commission (“EC”);
(ii) where we use certain service providers, we may use specific contracts approved by the EC which give Personal Data the same protection it has in Europe; or
(iii) where we use providers based in the United States, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Data shared between Europe and the US (for more information, please see above).
Please contact us at [email protected] if you want further information on the specific mechanism used by us when transferring your Personal Data outside of the EEA.
10. InCloudCounsel Websites
InCloudCounsel uses “cookies” on its sites. A cookie is a piece of data stored on a site visitor’s system that help us improve your access to our site and identify repeat visitors to our site.
If at any moment you wish to revoke your permission of us using cookies, you have to remove your cookies through your browser settings. If you wish to understand more about cookies, removing or blocking cookies you may find the following website helpful: https://www.aboutcookies.org/page/2/.
Responsibilities and Management
To prevent unauthorized access or disclosure, to maintain data accuracy, and to allow only the appropriate use of your Personal Data, we utilize industry standard physical, technical, and administrative controls to safeguard the Personal Data we collect and process.
We follow generally accepted industry standards to protect access, storage, and transmission of Personal Data submitted to or acquired by us to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account.
InCloudCounsel’s Security Policies define acceptable use, protocols for access & authorization, and appropriate safeguards around Personal Data throughout the information’s life cycle (i.e. collection/acquisition through destruction).
InCloudCounsel Team Members and contractors may access and use Personal Data only if they are authorized to do so and only for the purposes for which they are authorized.
We have put in place procedures to deal with any suspected breach of your Personal Data and will notify you and any applicable regulator of a breach where we are legally required to do so.
11. Retention of your Personal Data
We will only retain your Personal Data for as long as reasonably necessary to provide our services or to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.
We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
12. Personal Data of Children
This website is not intended for children under 18 years of age and we do not knowingly collect data relating to children. If you are a child under 18, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Data, please contact us at [email protected].
13. Your Rights in relation to Personal Data
California Resident Rights
(i) Access. You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. We will provide you with the following information:
- The categories of Personal Data that we have collected about you.
- The categories of sources from which that Personal Data was collected.
- The business or commercial purpose for collecting or selling your Personal Data.
- The categories of third parties with whom we have shared your Personal Data.
- The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient.
(ii) Deletion. You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
(iii) Exercising Your Rights. To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request. We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request. You may submit a Valid Request by emailing us at [email protected].
(iv) We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA. We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may have different tiers of Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell your Personal Data. You can exercise this right by contacting us at [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data (as sales are defined in Nevada Revised Statutes Chapter 603A).
EU Resident Rights
Section 3 – the “Personal Data Collection” section above, details the Personal Data that we collect from you. Section 5 — the “Personal Data Use” section above explains how we use your Personal Data. InCloudCounsel will only use your Personal Data when the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:
(i) where we need to perform the contract we are about to enter into or have entered into with you;
(ii) where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests; or
(iii) where we need to comply with legal or regulatory obligations.
If you are an EU Data Subject, you have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email [email protected] Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request. You, as a Data Subject, have the right to:
(i) Access. You can request more information about the Personal Data we hold about you. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it;
(ii) Rectification. If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;
(iii) Erasure. You can request that we erase some or all of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your data unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;
(iv) Objection. You can contact us to object to the processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your data which override your rights and freedoms;
(v) Restriction of Processing. You can request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
(vi) Portability. You can contact us to request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you, and
(vii) Withdrawal of Consent. You can withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
(viii) Right to File Complaint. You have the right to lodge a complaint about InCloud’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
To exercise any of the rights listed above, please contact us at [email protected].
To protect your privacy and security, we will take reasonable steps to verify your identity, before granting access to your Personal Data. For example, we may need to request specific information from you in order to verify your identity. This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or if additional copies of your Personal Data are requested. Alternatively, we may limit access to your Personal Data or refuse to comply with your request in these circumstances.
InCloudCounsel will endeavor to respond to all legitimate requests of individuals to exercise their rights in relation to their Personal Data within 30 days of the original request or as otherwise required by law. Occasionally it could take us longer than 30 days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
InCloudCounsel will record 1) legally binding requests for disclosure of Personal Data by law enforcement authorities unless prohibited by law or regulation as well as 2) requests received from Data Subjects.
In the context of employment relationships, InCloudCounsel will accommodate employee privacy preferences, to the extent, this is permitted in accordance with applicable legal, regulatory, tax, accounting or other requirements.
You may have the option to select binding arbitration under the Privacy Shield Panel for the resolution of your complaint under certain circumstances. For further information, please see the Privacy Shield website.
We will notify Candidates, Team Members, and Customers if we make changes that materially affect the manner in which we handle Personal Data previously collected. In such cases, we will allow those impacted to choose whether their Personal Data may be used in the proposed materially different manner.
It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us. To do so, please contact us at [email protected].
Enforcement, Dispute Resolution, and Complaints
InCloudCounsel commits to cooperate with EU (which reference includes, for clarity, the United Kingdom) data protection authorities (DPAs) and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.
InCloudCounsel commits to cooperate with the Swiss Federal Data Protection and Information Commissioner (SFDPIC) and comply with the advice given with regard to human resources data transferred from Switzerland in the context of the employment relationships under the Swiss-US Privacy Shield.
Further, InCloudCounsel commits to cooperate with EU and Swiss data protection authorities (DPAs) and comply with the direction given by such authorities with regard to other information transferred from these countries/jurisdictions.
In compliance with the EU-US and Swiss-US Privacy Shield Principles, InCloudCounsel commits to resolve complaints about 1) your privacy and 2) our collection or use of your Personal Data. EU or Swiss individuals with 1) inquiries or complaints regarding our Privacy Shield policy or 2) questions or concerns about the use of their Personal Data should first contact InCloudCounsel at [email protected].
InCloudCounsel has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider headquartered in both the European Union and the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS for more information or to file a complaint at https://www.jamsadr.com/eu-us-privacy-shield.
The services of JAMS are provided at no cost to you.
If you are unhappy about the way we have handled your complaint and/or you would like to take the matter further, you have the right to lodge a complaint with a supervisory authority in the EU member state of your habitual residence or place of work, or in the place of the alleged infringement. The relevant supervisory authority in the UK is the Information Commissioner’s Office (ICO) (www.ico.org.uk). We would, however, appreciate the chance to deal with any concerns before you approach the supervisory authority, so please contact InCloudCounsel ([email protected]) in the first instance.
15. Contact Information
16. Defined Terms
“Data Subject” means an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, psychological, genetic, mental, economic, cultural or social identity of that natural person.
“Employee” or “Team Member” means an employee (whether temporary, permanent, part-time, or contract), former employee, or independent contractor of InCloudCounsel, who is also a resident of United States, Switzerland or a country within the European Economic Area.
“Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations.
“Third Party” means any individual or entity that is neither InCloudCounsel nor an InCloudCounsel employee, agent, contractor, legal advisor, or representative.