Privacy Policy
COLTON ALEXANDER - PRIVACY NOTICE
Last modified on January 28, 2022
Colton Alexander will protect your personal data. This Privacy Notice explains how we process and protect your personal data and respect any rights you benefit from under your local law.
1. PURPOSE OF THIS PRIVACY NOTICE
This Privacy Notice aims to give you information on how we collect and process your personal data, including any data you may provide through this website, for example, when you sign up to our newsletter, or through one of our virtual data rooms, or if you otherwise get in touch such as by phone or email.
Please read this privacy policy with any other statements or fair processing notices we may provide when collecting or processing personal data, so you know how and why we are using your data.
2. ABOUT US
In this Privacy Notice, "Colton Alexander," "we," "us," and "our" refers to all the offices of Colton Alexander, LLC processing your personal data under this Privacy Notice.
3. THIRD-PARTY LINKS
This website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. Read any policies and other statements on such websites carefully.
4. THE DATA WE PROCESS ABOUT YOU
Personal data means any information about an individual from which that person can be
identified. It does not include data that has been anonymized such that a person's identity is removed.
We may collect, use, store and transfer various kinds of personal data. The categories of personal data which we process include:
- Contact Data such as names, job titles, and other identifiers with addresses, email addresses, and telephone numbers.
- Client Data includes personal data with and because of, providing our services (aside from Contact Data). This personal data varies according to the matter in question and in particular, depends on whether you represent a business or are an individual client. For example, we typically hold data about key contacts and other employees within our business clients, including information about their involvement in a matter or transaction. Where we act for individuals, we may hold bank account details, salary details, and employment history. Sometimes, client data may also include special category data. For example, if your identity documents which you provide us copies of, show your ethnic origin.
- Third-Party Data includes data about people other than clients with our services (e.g., Data Room Providers). This usually includes Contact Data about other professionals and counterparties to a transaction. It might also include data about trustees and beneficiaries, such as their names and addresses. It may also include data about the third-party source of funds and those with a beneficial interest in a particular legal entity.
- Technical Data includes internet protocol (IP) addresses, your login data, browser type, and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website. This may also include information about how you use your website and our services.
- Marketing Data includes marketing and communication preferences and data used for networking and business development such as employment history, role, and information about personal interests.
5. FAIR AND LAWFUL PROCESSING
Where required by local law, we may ask you for explicit consent for processing your personal data for a specific purpose.
We only collect, use, disclose or otherwise process your personal data where it is fair and lawful to do so.
Where we need to collect personal data by your local law, under the terms of a contract we have with you or the organization you represent or for another lawful reason and you fail to provide that data, we may not be able to perform our obligations under our contract, provide you with the information you require, or even provide our services to you at all.
6. HOW YOUR PERSONAL DATA IS COLLECTED
Most of the personal data which we hold is collected directly, whether through an online data room, by email, over the phone, or through face-to-face interactions, and will be directly from you or sometimes might be provided by your colleagues. You may also provide information through our website, for example, by signing up for our newsletter or if you contact us to provide us with feedback.
Some of the technical data we collect may be collected as you interact with our website, for example, via cookies and similar technologies.
7. PURPOSES FOR WHICH WE USE YOUR PERSONAL DATA
We will only use your personal data when local law allows us to. The information below explains the purposes for which we use various categories of personal data. Your local law may require us to set out in this Privacy Notice the legal grounds on which we rely to process your personal data. The information below also explains the legal basis or bases we believe apply to those uses. We may process your personal data on more than one lawful basis depending on the specific purpose for which we are using your data.
Operating the Colton Alexander website
We process Contact Data and Technical Data to operate our website. This includes collecting data to deal with its functions, such as handling requests to sign-up for our newsletter. This data also helps us administer our website, including troubleshooting, data analysis, testing, system maintenance, and support. This means:
Collection of general data and information
Our website records various general data and information each time you or an automated system accesses the website. This general data and information is saved in server log files. The following may be recorded: the browser type and version used, the operating system used by the accessing system, the website from which an accessing system accesses our website (called a referrer), the sub-pages accessed on our website by an accessing system, the date and time at which the website was accessed, an internet protocol address (IP address), the internet service provider of the accessing system, and other similar data and information that protects against hazards if attacks occur against our IT systems.
We do not use this general information and data, so it allows it to be associated with you directly. This information is instead used to correctly supply the content of our website, optimize the content of our website and advertisements on the Site, ensure the long-term functionality of our IT systems and website technology, and provide criminal prosecutors the information they need for criminal proceedings if a cyber-attack occurs. This data and information is recorded anonymously by Colton Alexander for statistical purposes and is analyzed to improve data privacy and data security in our company, to ultimately ensure an optimal level of protection for the personal information we process. Anonymous server log file data is stored separate from all personal information provided by you.
Use of cookies
In addition, we use cookies on our website. Cookies are text files stored and saved on your computer system by your web browser. While some cookies are technically necessary for the use of the website (essential cookies), other cookies help us understand how people use our website (non-essential cookies). Non-essential cookies allow us to provide users of this website with more user-friendly services. This requires the saving of such non-essential cookies beyond the respective session. The data is collected and stored for marketing and optimization purposes. It is used to create pseudonymous usage profiles. Cookies may create these profiles.
Cookies can optimize the information and services available on our website to benefit users. They allow us to recognize returning website visitors. This recognition makes it easier for users to utilize our website. Users of a website that stores cookies, for example, need not input their access details each time they visit the Site, since the website and the cookie saved on the user's computer system handles this function.
This website uses third-party analytic cookies (such as Google Analytics) to improve the quality and content of our website. Analytic cookies tell us how the website is being used, helping us continuously optimize our services. Usage data may be transmitted to and stored by the third-party cookie provider. We only transmit such data where we have the appropriate consents to do so (where such consent is required under your local law).
You can use the cookie settings on our website to customize your cookie preferences. While essential cookies cannot be disabled non-essential cookies will be set only after you consented to their use. You can withdraw such consent by changing the cookie settings for the website. Also, you can prevent our website from saving cookies at any time by changing their web browser settings permanently objecting to cookies. In addition, cookies saved in the past can be deleted using a web browser or other software program. All current web browsers can delete such cookies. If a user deletes cookies saved in their web browser, all functions of our website may not be available in full.
Using data for this purpose is in our legitimate interests in managing and improving our website and its content which is a valuable tool for the development and operation of our business, and for network security.
Contacting us via the website
Colton Alexander website includes information that allows you to quickly contact our company via electronic means and to communicate directly with us. You may contact us through the email addressed provided. If you contact Colton Alexander via email, the personal data transmitted by you is automatically saved. Such personal data provided voluntarily by you to Colton Alexander is saved to process or contact you. We process your personal data for managing your request.
Providing our services
We use Contact Data, Client Data, Third-Party Data, and sometimes Technical Data for the
purpose of providing our services and related tasks such as invoicing and payment, managing inquiries, and administering our complaints procedure. This purpose may also involve us disclosing personal data to, for example, other professionals involved in the matter such as solicitors, finance providers, accountants, and the advisors of counterparties. Occasionally, Contact Data and Client Data may also need to be disclosed to insurers.
Where we are acting for you personally, we use data in this way because it is necessary for fulfilling our client agreement with you for the provision of the services. In addition, and also where we are acting for your organization, we use this data because it is necessary for our legitimate interests in providing our core function.
Managing our relationship with you
We use Contact Data, Client Data, Third-Party Data, and sometimes Technical Data to manage our relationship with you and our internal operations, such as asking you to provide feedback. We may also need to use this to respond to new enquiries which we may receive.
We do this because it is necessary for our legitimate interests in improving efficiency, training, and monitoring of staff, quality control, and statistical analysis of our business performance.
Regulatory compliance
Under your local law, Colton Alexander may be regulated by public authorities and must comply with the rules specified by that body and rules relating to the avoidance of money laundering and other financial crime. Where required under your local law, we use Contact Data, some Third-Party Data, and Client Data to comply with those rules such as date of birth, passport, and driving license details. Some of this is obtained from third-party sources, including information that is a matter of public record. We may also need to disclose information to our auditors, which occasionally may include Client Data.
This is necessary to ensure that we comply with the legal obligations which we are subject to, in particular those we adhere to as a regulated body, including regulations about the proceeds of crime and money laundering avoidance.
Managing non-client relationships
We use Third-Party Data about suppliers, intermediaries, and other professionals, including investors, finance providers, solicitors, accountants, and legal and other professional advisors of counterparties. This usually includes Contact Data only about those persons.
It is necessary to use data for this purpose for our legitimate interest in retaining services directly with such third parties or otherwise because it benefits our clients in connection with a matter. Using this data facilitates a proper working relationship with third-party professionals. We also use some of this data for business development purposes.
Marketing and business development
We may send you marketing communications such as information about our services, upcoming events, and updates, including by way of our newsletter. This use includes Contact Data and Marketing Data, whether relating to our clients, professional advisors, or other contacts. It may also include some Technical Data where we track user activity and engagement with marketing messages (see section -> 11. Newsletter-Tracking).
It is necessary for us to use data in this way to fulfill our legitimate interests in developing our business, winning new work, and increasing our profile. We only send our newsletter where we have the appropriate consents to do so (see section -> 10. Your Choices Regarding Direct Marketing) under the rules relating to marketing communications (where such consent is required under your local law). We provide further information about this when data is collected, such as on our online newsletter sign-up form. The type and content of marketing messages subscribers receive, and if it may contain third-party content, is outlined at the point of subscription.
8. CHANGE OF PURPOSE
Where your local law requires us to do so, we will only use your personal data for the purposes 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. Please also note 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.
9. DATA TRANSFERS TO OTHER COUNTRIES
Your personal data may be transferred to and processed in other countries where laws governing the processing of your personal data may be less stringent than the laws in your country (including jurisdictions outside the European Union or the European Economic Area).
This Site is intended ONLY for United States citizens.
If you are in the EU or UK, please know that to deliver our services to you, it is sometimes necessary for us to share your personal data outside the European Union (EU), for example:
• with Colton Alexander offices or entities outside the EU
• with your and our service providers located outside the EU
• if you are based outside the EU
In such cases, where required by local law, we will ensure there are adequate safeguards in place to protect your personal data.
By using our website and services, to the extent required and valid under your local law, you explicitly consent to your personal data being transferred and processed this way.
10. YOUR CHOICES REGARDING DIRECT MARKETING
We may periodically send you free newsletters, surveys, offers, and other promotional materials related to our services which we believe are useful for you if you have opted-in to receive such messages via email or any other electronic channel (where such opt-in is required under your local law).
If you do not wish to receive such communication anymore, you always can "opt out" or withdraw your consent by following the unsubscribe instructions provided in each of our direct marketing emails or by contacting us directly (please see our contact information at "How to contact us" below).
Users of the Colton Alexander website can subscribe to the Colton Alexander newsletter(s). They must use an input screen and must transmit certain personal information as indicated on that screen to Colton Alexander.
Colton Alexander informs its customers and business partners about services and updates within the company at regular intervals through the newsletter(s). You can only receive the newsletter if (1) you have a valid email address and (2) you are registered to have the newsletter sent to them. Where required under your local law, a confirmation email is sent to the email address you enter to receive the newsletter. This confirmation email is used to ensure the email address owner has authorized the newsletter to be sent.
When you register for our newsletter, we save the IP address assigned to the computer system you are using by the internet service provider (ISP) at registration and the date and time of registration. We must record this data to track any (potential) misuse of your email address later and for the legal security of Colton Alexander.
In addition, newsletter recipients may receive information via email if necessary to provide the newsletter service or to register for this service, for instance, if there are changes to the newsletter service or changes to technical circumstances. Personal information recorded to provide the newsletter service is never transmitted to third parties.
11. NEWSLETTER TRACKING
Our newsletters contain so-called tracking pixels. A pixel-code is a thumbnail image embedded in emails sent in HTML format to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. With the embedded pixel-code, we can see if an email was opened by the subscriber and which links in the email were called up by them.
We store and evaluate such personal data collected via the tracking pixels in the newsletters to optimize the dispatch of the newsletters and to adapt the content of future newsletters even better to the interests of the respective recipient. This personal data is not passed on to third parties. You may withdraw the consent you have given when registering for the newsletter. After your withdrawal, we will delete this personal data. Unregistering for the newsletter is automatically interpreted by us as such withdrawal.
12. YOUR PRIVACY RIGHTS
Depending on your location, you may have various rights about your personal data towards Colton Alexander.
These rights may include:
- Request access to your personal data (a "data subject access request"). This means you can receive a copy of the personal data we hold about you and check we are lawfully processing it.
- Request correction of your personal data: 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.
- Request erasure of your personal data. You can ask us to remove personal data where there is no good reason for us to continue to process it. You also have this right where you have successfully exercised your right to object to processing, where we may have processed your data unlawfully, or where we must erase your personal data to comply with the law. We may not always be able to comply with your request where there are particular legal reasons.
- Object to processing of your personal data where we rely on a legitimate interest basis and if the processing impacts on your fundamental rights and freedoms. You can also object to direct marketing. Sometimes, we may demonstrate grounds to process your data that override your rights and freedoms.
- Request restriction of processing. You can ask us to suspend the processing of your personal data: if you want us to establish the data's accuracy; where our data use is unlawful, but you do not want us to erase it; where you need us to hold the data even if we no longer need it, to establish, exercise or defend legal claims; or you have objected to using the data, but we need to verify whether we have overriding legitimate grounds to use it.
- Request a data transfer. We will provide your personal data in a structured, commonly used, machine-readable format to you or your chosen third party (where applicable). This only applies to automated information which you provided consent for us to use or necessary to perform a contract with you.
- Withdraw consent at any time where we rely on consent to process your personal data. This will not affect the lawfulness of processing conducted before you withdraw your consent.
Depending on your location, you may make a complaint to the competent supervisory authority. We would, however, like the opportunity to assist you with any concerns before you approach the competent supervisory authority, so please contact us using the details above.
Note there may be exceptions to certain rights considering the nature of our work. For example, regulatory rules may mean that specific data cannot be disclosed in response to a request.
13. DATA SECURITY
As the party responsible for processing this data, Colton Alexander has taken technical and organizational measures to protect personal information processed through this website. However, all data transmissions over the internet may be affected by gaps in security, and it is impossible to guarantee absolute protection. Because of this, all affected parties are also free to provide their personal information through alternative pathways, for instance, over the telephone.
14. DATA RETENTION
Statutory retention periods are the criteria for how long our company archives personal information. After the expiration of the legal retention period, such data is routinely deleted if it is no longer required to fulfill an agreement or initiate a contract.
If the purpose for which data was saved is eliminated, or if the archiving term specified by European regulators and issuing bodies expires, personal information is routinely blocked or deleted according to statutory regulations.
15. HOW TO CONTACT US
If you have questions about this Privacy Notice, including any requests to exercise your privacy rights or if you have other questions about how we manage personal data under this Privacy Notice, please contact:
Colton Alexander LLC
c/o Amy Osteen, Chief Legal Officer
Email: legal@coltonalexander.com
16. CHANGES TO THIS PRIVACY NOTICE
This document is a notice to you and not a contract between us. We may occasionally modify or amend it occasionally. When we change this Privacy Notice, we will update the revision date at the top of this Privacy Notice. Where those changes are material, we will try to let you know. The new modified or amended Privacy Notice will apply from that revision data. Please always verify whether you have consulted the latest version of the Privacy Notice.