InCloud, LLC (d/b/a InCloudCounsel) ("InCloudCounsel", "we", "us", or "our") respects the privacy of our website visitors, prospective clients, clients, legal advisors, prospective legal advisors, prospective employees, and employees.
InCloudCounsel is not a law firm and does not provide legal representation or advice to clients. InCloudCounsel’s legal advisors are independent attorneys (each, a "Legal Advisor") and do not constitute a law firm among themselves.
InCloudCounsel certifies that it complies with the EU-US Privacy Shield Framework and the Swiss–US 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 clients or partners for whom InCloudCounsel processes data, should be addressed to that client or partner.
The information InCloudCounsel collects falls into three primary categories: non-personally identifiable information, personally identifiable information, and sensitive personally identifiable information.
Non-Personally Identifiable Information is information that cannot alone be used to identify or contact you. A primary source of such information includes browser information when you are using our websites. 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.
Personally Identifiable Information ("PII" or "Personal Information") means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, email address, user ID, password, and identification numbers. Personal Information does not include data that is de-identified, anonymous, or publicly available.
PII 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, or inquire about our service offerings.
PII may also be collected when a client (e.g., your employer) supplies InCloudCounsel with an email address, name, phone number, and/or similar account details.
Sensitive Personally Identifiable Information is PII specifying 1) medical or health conditions, 2) racial or ethnic origin, 3) political opinions, 4) religious or philosophical beliefs, 5) trade union membership, 6) ideological or trade union related views or activities, 7) information on social security measures or administrative or criminal proceedings and sanctions, which are treated outside pending proceedings, or 8) information specifying the sex life of an individual.
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. offering of benefits).
InCloudCounsel is the sole owner of the information collected through its marketing, recruitment, sales, and other commercial activities. In these activities, we only have access to and collect Personal Information that 1) you voluntarily provide us or that 2) we acquire through third-party sources such as business intelligence platforms. We will not sell or rent to anyone the information provided to us or obtained by us.
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].
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 clients, InCloudCounsel may receive, store, and/or process Personal Information on behalf of our clients 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 client and their agents. InCloudCounsel does not own this Personal Information or use it for its own commercial purposes.
In achievement of internal business operations, InCloudCounsel discloses Personal Information only to Third Parties who reasonably need to know such data in 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.
Recipients must agree to abide by contractual obligations established 1) restricting use of information to InCloudCounsel instructed/specified purposes, 2) securing the availability, integrity, and confidentiality of the information whilst in their possession, and 3) returning & purging information upon termination of 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 PII in the following circumstances:
Cookies 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. Cookies can also enable us to track and target the interests of our users to enhance their experience on our site. You can disable or remove any cookies already stored on your computer, but these may stop our websites from functioning properly.
InCloudCounsel will maintain, monitor, test, and improve information security policies, practices, and systems to protect Personal Information that it collects. InCloudCounsel team members and contractors will receive role-specific training to effectively implement this policy.
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 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. InCloudCounsel’s Security Policies define acceptable use, protocols for access & authorization, and appropriate safeguards around 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.
With the exception of legally privileged, client materials for which InCloudCounsel is operating as a contracted data processor, you as a Data Subject have the right to 1) know what Personal Information has been collected and stored within InCloudCounsel’s information systems about you and 2) ensure that this Personal Information is accurate and relevant for the purposes for which InCloudCounsel has collected it.
Upon reasonable written request directed to [email protected], you may 1) review your Personal Information, 2) request modification/correction of any data that it is incorrect, or 3) request removal/inactivation of Personal Information as permitted by applicable law and InCloudCounsel policies.
Such updates will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Statement before such update.
To protect your privacy and security, we will take reasonable steps to verify your identity, before granting access to your Personal Information. In addition, we may limit or deny access to Personal Information where providing such access would be unreasonably burdensome or expensive in the circumstances.
InCloudCounsel will endeavor to respond to all reasonable written requests of individuals to view, modify, or remove/inactivate Personal Information within 30 days of the original request.
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 make reasonable efforts to accommodate employee privacy preferences.
This Policy may be amended from time to time, consistent with 1) EU-US Privacy Shield Principles and 2) other data protection and privacy laws/principles applicable in the regulatory jurisdictions in which InCloudCounsel conducts business. Updates will be posted on this page.
InCloudCounsel team members and contractors will be notified of changes to the policy through email and through other internal communication mediums.
We will notify prospective employees, team members, and clients 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.
InCloudCounsel commits to cooperate with EU 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/
The services of JAMS are provided at no cost to you.
If your complaint is not resolved after following the recourse mechanisms described above, you may have the ability to invoke binding arbitration. More information can be found at the following URL: http://go.adr.org/privacyshieldfiling.html
"Data Subject" means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural, or social characteristics.
"Employee" or "Team Member" means an employee (whether temporary, permanent, part-time, or contract), former employee, or independent contractor of InCloudCounsel.
"Third Party" means any individual or entity that is neither InCloudCounsel nor an InCloudCounsel employee, agent, contractor, legal advisor, or representative.