Last Modified: April 2025
This section (European Economic Area and United Kingdom section – collectively, for ease of reference, “EEA”) of WithumSmith+Brown, PC’s general Privacy Policy supplements that Privacy Policy but applies solely to individuals located in the European Economic Area and United Kingdom. This EEA section describes our policies and practices regarding the collection, use, and disclosure of personal data we collect about you online through our Website and from offline channels such as telephone calls, visits to our facilities and other in person interactions in accordance with the EU General Data Protection Regulation or UK General Data Protection Regulation (collectively, for ease of reference “GDPR”).
Any terms defined within the GDPR have the same meaning when utilized within this EEA section. All other terms shall have the meaning set forth in the Privacy Policy or Terms of Use, as applicable. The other provisions of the Privacy Policy continue to apply except as modified in this EEA section.
Please read this EEA section carefully before using the Website or submitting personal data to us. This EEA section is incorporated into and subject to our Terms of Use.
The Company is the data controller of the personal data we collect from you for the processing activities set forth in the Privacy Policy.
Collection of Personal Data
We collect and process the following personal data about you, where permitted by applicable law:
- Contact and Identity data (e.g., name, email address, postal address, telephone number, job title, and/or company name)
- Technical and Usage Data including geolocation (e.g., interactions with our website or advertisement, logs data, domain names of visitor’s Internet service provider, IP address and or location, browser, language settings, version of browser software operating system and surface, date and time of access, website requesting access)
- Commercial or financial data (e.g., bank account details, credit history, income details or other similar identifiers).
- Employment and professional data (e.g., employer, title, contact information)
Marketing and communications data (e.g., name, address, email, company, IP address, subscriptions, interests). You are not required to provide any of the personal data listed above; however, if you choose not to provide certain information, products or services when requested, we may be unable to send you email alerts, respond to your inquiry, provide certain Website features, or comply with certain legal obligations.
Sources
We obtain information about you from the following sources:
- You. We may collect personal data that you provide during your interactions with us, such as through our Website, by email, or when you communicate with our professionals online, by phone, or at one of our locations. We may also collect information when you attend an event, or participate in a program we sponsor.
- Related Entities and Affiliates. We may collect information about you from our related parties and affiliates, including joint ventures (if any).
- Social media and related services; websites and publicly available sources. We may collect information about you through your social media services consistent with your settings on such services, or from publicly available websites consistent with their terms and conditions.
- Service providers, vendors or business partners. We may collect information about you from service providers who help provide our products and services, advertising and marketing partners, or business partners who participate in a promotion or event with us.
- Third parties that are lawfully entitled to share your information with us.
- News outlets and certain third parties. In the course of performing our services or marketing activities, we or third parties on our behalf may conduct research and other activities resulting in the collection of personal data about you.
- Information Collected Automatically. As you navigate through and interact with our Website, we or third parties may compile information concerning your usage of the Website through certain online tracking tools, such as browser cookies, flash cookies, and web beacons, as well as through our advertising activities. For more information please see our Cookie Policy.
Cookies and Web Technologies
Please see our Cookie Policy here for information on the cookies and web technologies placed by us or third parties on this Site. You can also accept or reject all non-essential cookies or customize your preferences in the Cookie Consent Manager by clicking on the “Cookie Preferences” link in the privacy banner pop-up. If you accept a cookie, you can freely withdraw your consent at any time by following the instructions in the Cookie Policy or Cookie Consent Manager. For information how we use personal data collected through these technologies, please continue reading.
Purpose and Lawful Basis for Processing
We process your personal data for a variety of purposes, as outlined below, where we have a lawful basis to do so. These bases generally include but are not limited to entering into or performing a contract with you; complying with applicable legal and regulatory obligations; where our legitimate interests or those of a third party are not outweighed by your privacy rights; as necessary to protect your interests or those of others; as necessary for the public interest; or based on your affirmative consent. The following chart identifies our purposes for collecting and processing your personal data and the lawful bases we rely on to do so.
If we process your special category data, we generally do so based on your explicit consent; as necessary for carrying out our obligations or exercising our specific rights or yours in the field of employment and social security and social protection law in so far as it is authorized by Union or Member State law or a collective agreement pursuant to EU member state law;where you have manifestly made it public; or, as necessary for the establishment, exercise or defense of legal claims.
You may obtain information regarding how we assess our legitimate interests or object to our processing your personal data when we rely on our legitimate interests by contacting us at [email protected].
| Personal Data | Purpose for Processing | Lawful Basis |
|---|---|---|
| – Contact and Identity data – Account Information – Employment and Professional data | – To operate our Site – For internal use (e.g., record keeping, account management, responding to and documenting your rights requests and consent) – To communicate with you – To operate our Site – For internal use (e.g., record keeping, account management, responding to and documenting your rights requests and consent) – To communicate with you – To fulfill order requests or requests for information; confirm eligibility for services and products – To provide support services – To enforce compliance with our Terms and Agreements or Policies – To maintain legal and regulatory compliance – To conduct investigations; to establish, exercise or defend a legal claim – For contract management and enforcement – To ensure the security of the services; fraud prevention; to protect the rights, property, or safety of our company, our customers, or others – To engage in marketing activities, including sending marketing communications, performing ad retargeting – To collect event registration – For data analytics; research and development – To evaluate or conduct a sale or transfer of our assets – To fulfill any purpose for which you provide it | – To enter into or perform a contract – For compliance with legal or regulatory obligations – Based on legitimate interests of us or a third party (e.g., operating and improving the Site, everyday business |
| – Commercial and Financial data | – For billing and contracting purposes – For internal use (e.g., record keeping, account management) – To fulfill order requests or requests for information; confirm eligibility for services and products – To maintain legal and regulatory compliance – To conduct investigations; to establish, exercise or defend a legal claim – For contract management and enforcement – Fraud prevention; to protect the rights, property, or safety of our company, our customers, or others – To engage in marketing activities – For data analytics; research and development – To evaluate or conduct a sale or transfer of our assets – To fulfill any purpose for which you provide it | – To enter into or perform a contract – For compliance with legal or regulatory obligations – Based on legitimate interests of us or a third party (e.g., operating and improving the Site, everyday business purposes, research and development, customer engagement, marketing) |
| – Technical and Usage Data | – To operate our Site – For internal use (e.g., record keeping) – To communicate with you – To fulfill order requests or requests for information; confirm eligibility for services and products – To provide support services – To enforce compliance with our Terms and Agreements or Policies – To maintain legal and regulatory compliance – To conduct investigations; to establish, exercise or defend a legal claim – For contract management and enforcement – To ensure the security of the services; fraud prevention; to protect the rights, property, or safety of our company, our customers, or others – To engage in marketing activities, including sending marketing communications, performing ad retargeting – For data analytics; research and development | – To enter into or perform a contract – For compliance with legal or regulatory obligations – Based on legitimate interests of us or a third party (e.g., operating and improving the Site, everyday business purposes, research and development, customer engagement, marketing) – Based on your consent |
| – Marketing and Communications Data | – For internal use (e.g., record keeping, account management) – To communicate with you – To fulfill order requests or requests for information; confirm eligibility for services and products – To provide support services – To enforce compliance with our Terms and Agreements or Policies – To maintain legal and regulatory compliance – To conduct investigations; to establish, exercise or defend a legal claim – For contract management and enforcement – To ensure the security of the services; fraud prevention; to protect the rights, property, or safety of our company, our customers, or others – To engage in marketing activities, including sending marketing communications, performing ad retargeting – For data analytics; research and development – To evaluate or conduct a sale or transfer of our assets – To fulfill any purpose for which you provide it | – To enter into or perform a contract – For compliance with legal or regulatory obligations – Based on legitimate interests of us or a third party (e.g., operating and improving the Site, everyday business purposes, research and development, customer engagement, marketing) – Based on your consent (e.g., marketing) |
We will process your personal data for the purpose for which we collect it and for further purposes only if we deem them compatible with that original purpose. Please note, we may process your personal data without your knowledge or consent when required or permitted by law.
When we process your personaldata based on your consent, you have the right to withdraw your consent for that specific processing activity at any time. To do so, please contact [email protected].
Sharing Your Personal Data
We may disclose or share your personal data for the purposes that we use it, as described in this Policy. To carry out such purposes, we may disclose your personal data to the following categories of third parties.
- Our employees and workforce members who have a need to know based on job responsibilities.
- Service providers and processors who collect or process information on our behalf for purposes including, without limitation, website operation or hosting, email services, marketing and promotional services, customer relationship or business support, IT services, cloud storage, fulfillment services, and security.
- Related entities, affiliates, agents, and business partners (e.g., as part of promotions or co-sponsored events). We might disclose your personal data to one of our business partners for purposes of collaborating on providing services to you, or to invite you to an event we are organizing. These business partners should also have their own privacy statements that set out the manner in which they will collect, use, and disclose personal information. Where applicable, we encourage you to review each such business partner’s privacy statement before signing on with them.
- Third parties and vendors for purposes that include without limitation data analysis, website analytics, marketing activities (e.g., delivering targeted ads), regulatory compliance, fraud protection, background and security checks.
- Professional advisors, including lawyers, accountants, auditors, bankers, and insurers.
- Social networks in connection withmarketing.
- Government authorities or agencies, regulatory bodies, and law enforcement agencies as required by law; to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by government authorities; to investigate, prevent, or take action regarding suspected or actual illegal activities.
- Third parties in connection with the due diligence for or completion of a merger or sale involving all or part of our company or as part of a corporate reorganization, stock sale or other change of control.
- Third parties as necessary to comply with applicable laws, at your direction, or to investigate, establish or defend a legal claim.
Some of these third parties may transfer your personal data out of the EEA or UK to another jurisdiction for processing or storage.
Data Subject Rights
You have certain rights under applicable law with respect to your personal data, subject to limitations. These may include the right to:
- Obtain confirmation as to whether we are processing your personal data, receive access to the personal data and information about that processing, and obtain a copy of the personal data in a commonly used electronic form.
- Request correction of incomplete or inaccurate personal data we hold about you.
- Request a restriction on the processing of your personal data in certain limited circumstances.
- Object to the processing of your personal data carried out in the public interest, based on our legitimate interest or those of a third party, or for purposes of direct marketing. You may obtain information regarding how we assess our legitimate interests or object to our processing your personal data when we rely on our legitimate interests by contacting us at [email protected].
- Request the erasure or deletion of your personal data.
- Receive your personal data, which you provided to us, in a structured commonly used machine-readable format and to transmit that personal data to another data controller where processing is based on your consent, pursuant to performance of a contract, or where the processing is performed by automated means.
- Not to be subject to a decision based solely on automated processing, including profiling, which produces a legal effect concerning you or similarly significantly affects you.
- Withdraw your consent where processing is based on consent.
- Lodge a complaint with the appropriate authority in your jurisdiction.
To exercise any of these rights, please contact us at [email protected].
Retention
We retain your personal data for as long as necessary to achieve the purpose for which we collected it and compatible purposes (e.g., to provide you products and services, maintain our relationship with you, ensure we don’t send marketing communications to you if you have opted out) . We may retain your personal data for longer if it is necessary to comply with our legal obligations or reporting obligations such as resolving disputes or collecting fees, or as permitted or required by applicable law. We may also retain your personal data in a deidentified or aggregated form so that it can no longer be associated with you. To determine the appropriate retention period for your personal data, we consider various factors such as the amount, nature, and sensitivity of your information; the potential risk of unauthorized access, use or disclosure; the purposes for which we process your personal data; and applicable legal requirements.
Transfers
We may share your personal data with related entities, subsidiaries, or affiliates, with data processors, or with other third parties. When we do so, this may involve transferring your personal data out of the EEA or UK to other countries including the U.S for processing or storage. When we transfer your personal data out of the EEA or UK, we do so in accordance with the applicable regulations to ensure it receives a similar degree of protection as provided by the data protection laws of your jurisdiction. For more information on the mechanism we use to transfer your personal data, please contact us at [email protected].
When you visit the Site or interact with certain features on our Site such third parties (e.g., a third party link or social media widget) may collect or access your personal data to provide you with certain services, content or information or to provide us with information about Site usage and visitors for analytics or marketing purposes. These third parties may transfer this information to a third country for processing or storage, including the U.S. Please see the privacy policies of these third parties for additional information, as well as our Cookie Policy .