Effective: July 1, 2020

These disclosures supplement the Privacy Notice of Barnes & Thornburg LLP and its affiliates, including ThemeVision LLC, (collectively “Barnes & Thornburg,” “our,” or “we”), which can be found at btlaw.com/en/privacy-policy, and are provided pursuant to the California Consumer Privacy Act (the “CCPA”). These disclosures apply only to residents of California. 

These disclosures apply to our interactions with you when we receive or collect information from or about you, including when you visit our websites, request or receive professional services, participate in our educational or marketing events, request information from us, or when you otherwise provide information to Barnes & Thornburg (collectively, the “Services”). Each capitalized term used, but not defined, in the Privacy Notice or these disclosures shall have the meaning given to such term in the CCPA. 

Required Disclosures

In providing the Services, we receive and collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device (“Personal Information”).

Categories of Personal Information Collected

The following categories of Personal Information are collected by Barnes & Thornburg:

• Identifiers (e.g. name, Internet protocol address, email address, physical address, and phone number);
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code §1798.80(e)) such a name, signature, Social Security number, address, telephone number, insurance policy number, education, medical information, or health insurance information;
• Protected classification characteristics under California or federal law such as age, race, color, ancestry, national origin, citizenship, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information);
• Bank account number, credit card number, debit card number, or other financial information;
• Internet and Network Activity Information;
• Information related to our professional services;
• Educational and marketing information;
• Online job applicant information; and
• Commercial Information.

Categories of Sources of Personal Information Collected

Barnes & Thornburg obtains Personal Information about individuals using the Services, individuals or entities using the Services acting on behalf of other individuals or entities, or individuals or entities with whom or which Barnes & Thornburg has a business relationship. Barnes & Thornburg may also obtain Personal Information about clients in the ordinary course of business, including in the course of providing the Services.

Purposes for Collecting Personal Information

Barnes & Thornburg uses Personal Information collected by it for one or more of the following purposes:

• To achieve the purposes for which you, an individual or entity acting on your behalf, or an individual or entity with whom or which Barnes & Thornburg has a business relationship, provided Personal Information;
• To communicate with you about our legal services;
• To enable Barnes & Thornburg lawyers and staff to render a legal analysis or provide legal services;
• To provide you with support, and to respond to your questions, regarding the services of Barnes & Thornburg;
• To perform due diligence on clients and prospective clients and other business partners or third parties;
• To record the use of Barnes & Thornburg’s Services, to diagnose problems with the Services, and to improve and make the Services more useful to consumers;
• To send e-mail messages, newsletters and other relevant information about Barnes & Thornburg’s legal services;
• To invite you to events;
• To detect or prevent fraud, to comply with legal obligations, or protect your, our, or the rights of others;
• To process and collect payment for Barnes & Thornburg’s legal services;
• To consider job applicants for employment;
• To administer employment benefits or distribute wages;
• To respond to requests from law enforcement or other governmental authorities;
• To comply with any applicable law or legal obligation;
• To prosecute or defend itself in a legal dispute or proceeding; and
• For any other business purpose permitted by the CCPA.

Categories of Third Parties with whom Barnes & Thornburg Shares Personal Information

Barnes & Thornburg may share Personal Information—including any category of Personal Information collected by Barnes & Thornburg—with third parties involved in the administration and operation of Barnes & Thornburg (collectively, “Third Parties”) that enable Barnes & Thornburg to render legal services. Categories of Third Parties with whom Barnes & Thornburg may share Personal Information include vendors that provide the following services to Barnes & Thornburg:

• To achieve the purposes for which you, an individual or entity acting on your behalf, or an individual or entity with whom or which Barnes & Thornburg has a business relationship, provided Personal Information;
• credit card processing,
• electronic billing systems,
• accounting systems,
• business intelligence/financial analysis,
• document management systems,
• collaboration sites,
• document production,
• faxing,
• photocopying and scanning,
• office support functions,
• office and data security,
• insurance,
• management and strategic consulting,
• email management and security,
• learning management systems,
• project management,
• digital dictation,
• scheduling systems,
• payroll and benefits systems,
• contact relationship management systems,
• conflict of interest and new business intake systems,
• information governance systems,
• bankruptcy data tracking application,
• cloud storage,
• applications for tracking and managing employee benefits data,
• applications for preparing governmental forms for estates and trusts,
• applications for managing and preparing forms for immigration,
• electronic discovery support and services,
• expert witnesses and consultants,
• court reporting services,
• docketing software,
• case/practice management software,
• translation services,
• applications used for preparing required tax forms,
• applications used for intellectual property or trademark management, government entities and data brokers.

Sales of Personal Information

The California Consumer Privacy Act (CCPA) requires companies like ours to disclose the Personal Information we have “sold” over the last year. The CCPA defines “sale,” among others, as making available consumer’s Personal Information to others for monetary or other valuable consideration. We have not sold any of your Personal Information. 

Summary of Consumers' Rights

The following is a summary of a consumer’s rights under the CCPA:

Access to Specific Information and Data Portability Rights

You have the right to request that Barnes & Thornburg disclose certain information to you regarding your Personal Information collected by Barnes & Thornburg as follows: Once we receive and confirm your request, we will disclose to you:

• The categories of Personal Information we collected about you;
• The categories of sources of the Personal Information we collected about you;
• Barnes & Thornburg’s business or commercial purpose for collecting or, if applicable, sharing your Personal Information;
• The categories of third parties with which or whom Barnes & Thornburg shares your Personal Information;
• The specific pieces of Personal Information collected about you;
• The categories of Personal Information, if any, Barnes & Thornburg disclosed or sold for a business purpose to a third party in the preceding 12 months; and for each category of Personal Information identified, the categories of third partied to whom the information was disclosed or sold.

Deletion Rights

You may request that Barnes & Thornburg delete any of your Personal Information retained by Barnes & Thornburg, subject to certain exceptions. Upon receiving and confirming your verifiable consumer request, Barnes & Thornburg will delete (and direct its service providers to delete) such Personal Information from Barnes & Thornburg’s (or such service providers’) records, except that Barnes & Thornburg may deny your request if retaining the Personal Information is necessary for Barnes & Thornburg or one of its service providers to:

• Complete the transaction for which Barnes & Thornburg collected the Personal Information, provide the legal service requested by you, take actions reasonably anticipated within the context of Barnes & Thornburg’s ongoing business relationship with you, or otherwise perform a contract between Barnes & Thornburg and you;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activity;
• Debug products to identify and repair errors that impair intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her free speech rights, or exercise another right provided by law;
• Enable solely internal uses that are reasonably aligned with consumer expectations based on the consumer’s relationship with Barnes & Thornburg;
• Comply with a legal obligation; and
• Make other internal and lawful uses of Personal Information that are compatible with the context in which you provided it.

Verifiable Consumer Requests

To exercise your rights described in these disclosures, you must submit a verifiable consumer request to Barnes & Thornburg as set forth in the Privacy Notice. To exercise your rights described above, please submit a request to us by either:

• Email: privacy@btlaw.com
• Phone: 1-800-753-5139

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request relating to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows Barnes & Thornburg to reasonably determine you are the person about whom Barnes & Thornburg collected Personal Information or an authorized representative.
• Describe your request with sufficient detail that allows Barnes & Thornburg to properly understand, evaluate, and respond to it.

Barnes & Thornburg cannot respond to your request or provide you with Personal Information if it cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Barnes & Thornburg will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Barnes & Thornburg's Response

Barnes & Thornburg endeavors to respond to a verifiable consumer request within 45 days of its receipt. If Barnes & Thornburg requires more time (up to an additional 45 days), Barnes & Thornburg will inform you of the reason and extension period in writing. Barnes & Thornburg will deliver its written response by mail or electronically, at your option. Any disclosures provided by Barnes & Thornburg will only cover the 12-month period preceding receipt of the verifiable consumer request. The response provided by Barnes & Thornburg will, if applicable, also explain the reasons it cannot comply with a request. For data portability requests, Barnes & Thornburg will select a format to provide your Personal Information that is readily useable and should allow you to electronically transmit the information from one entity to another entity without hindrance.

Barnes & Thornburg does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Barnes & Thornburg determines that any request warrants a fee, it will tell you why a fee is warranted and provide you with a cost estimate before completing your request.

No Discrimination

Barnes & Thornburg will not discriminate against you for exercising any rights under the CCPA. In particular, if you exercise any such rights, Barnes & Thornburg will not:

• Deny you services or access to your client file;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of services; or
• Suggest that you may receive a different price or rate for services, or a different level or quality of services.

Revisions

Barnes & Thornburg may revise these disclosures from time to time by posting the revisions on the Services. Any such revision will take effect immediately upon such posting, but will only relate to Personal Information collected after such revision is posted. It is your responsibility to periodically check the Services for revisions to these disclosures.