InCloud, LLC and InCloudCounsel Limited (d/b/a InCloudCounsel) (together, “InCloudCounsel”, “we”, “us” or “our”) respects the privacy of our website visitors, prospective clients, clients, legal advisors, prospective legal advisors, prospective employees, and employees.
This website is not intended for children under 16 years of age and we do not knowingly collect data relating to children.
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 Information 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.
Personal Information Collection
InCloudCounsel may collect, use, store and transfer different categories of Personal Information about you. The Information we collect about you falls into three primary categories: non-personally identifiable information, personal information, and special categories of Personal Information.
(i) Non-personally identifiable information is information that cannot be used to identify or contact you.
(ii) Personal information is information that can be used to identify or contact you. Such information might include your name, mailing address, email address, telephone number, company, title, marital status, date of birth, username or site password.
(iii) Special categories of Personal Information is Personal Information revealing 1) racial or ethnic origin, 2) political opinions, 3) religious or philosophical beliefs, 4) trade union membership, 5) unique identity of a person by processing genetic data or biometric data, 6) data concerning health or 7) data concerning a natural person’s sex life or sexual orientation. Such information is only collected in the context of an employment relationship as 1) required by law (e.g. equal opportunity / anti-discrimination statutes) or 2) for employment purposes (e.g., the offering of benefits).
We use different methods to collect Personal Information from and about you, including through:
(i) Direct interactions. Personal Information 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 Information 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 Information through Third Party sources, such as business intelligence platforms. We ensure that such Third Parties respect the security of your Personal Information.
If you fail to provide Personal Information
Where we need to collect Personal Information by law, or under the terms of a contract we have with you, and you fail to provide that Personal Information 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.
Personal Information Use and Sharing
InCloudCounsel will only use your Personal Information when the law allows us to. Most commonly, we will use your Personal Information 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.
InCloudCounsel is the sole owner of the Personal Information collected through its marketing, recruitment, sales, and other commercial activities. We will not sell or rent to anyone the information provided to us or obtained by us.
InCloudCounsel is the sole owner of Personal Information 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 Information 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 Information on behalf of and under the specific direction of our customers and partners. InCloudCounsel does not own this Personal Information 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.
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 Information provided to us as a result of any services we provide to you.
Change of Purpose
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 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 Information 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 Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures & Onward Transfers of Personal Information
In the achievement of internal business operations and in order to best serve you, InCloudCounsel may disclose Personal Information to Third Parties who reasonably need to know such Personal Information 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.
Third-Party recipients must agree to abide by contractual obligations established 1) restricting use of Personal Information to InCloudCounsel instructed/specified purposes, 2) securing the availability, integrity, and confidentiality of the Personal Information whilst in their possession, and 3) returning & purging Personal Information 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 Information by contracted Third-Parties throughout the defined term during which a Third Party is contracted. Third Parties are not permitted to use Personal Information except for the purpose of providing contracted services.
InCloudCounsel may also disclose your Personal Information 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 Information, customer or business information to Third Parties as part of a legal process. InCloudCounsel also may be required to disclose Personal Information 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.
(iv) To any other Third Party with your prior consent.
Countries having access to your Personal Information
You should be aware that some Third Parties with whom we share your Personal Information may be located outside your country or the country from which your Personal Information is obtained and may be located outside the European Economic Area (“EEA”).
Whenever we transfer your Personal Information 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 Information is to a country that has been deemed to provide an adequate level of protection for Personal Information by the European Commission (“EC”);
(ii) where we use certain service providers, we may use specific contracts approved by the EC which give Personal Information 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 Information 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 Information outside of the EEA.
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 Information, we utilize industry standard physical, technical, and administrative controls to safeguard the Personal Information we collect and process.
We follow generally accepted industry standards to protect access, storage, and transmission of Personal Information submitted to or acquired by us to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.
InCloudCounsel’s Security Policies define acceptable use, protocols for access & authorization, and appropriate safeguards around Personal Information throughout the information’s life cycle (i.e. collection/acquisition through destruction).
InCloudCounsel Team Members and contractors may access and use Personal Information 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 Information and will notify you and any applicable regulator of a breach where we are legally required to do so.
Retention of your Personal Information
We will only retain your Personal Information 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 Information 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.
To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Your Rights in relation to Personal Information
You, as a Data Subject, have the right to:
(i) request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it;
(ii) request correction of the Personal Information 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) request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information 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 Information 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 Information 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) object to the processing of your Personal Information 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 Information 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) request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information 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) request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information 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) withdraw consent at any time where we are relying on consent to process your Personal Information. 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.
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 Information. 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 Information 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 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 or if additional copies of your Personal Information are requested. Alternatively, we may limit access to your Personal Information 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 Information within 30 days of the original request. 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 Information 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 Information previously collected. In such cases, we will allow those impacted to choose whether their Personal Information may be used in the proposed materially different manner.
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information 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 Information. 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 Information 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.
“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 Information” as defined under the General Data Protection Regulation (EU) 2016/679, means any information relating to an identified or identifiable natural person (being a “Data Subject”, as defined above).
“Third Party” means any individual or entity that is neither InCloudCounsel nor an InCloudCounsel employee, agent, contractor, legal advisor, or representative.