Shearman & Sterling LLP is committed to protecting and respecting your privacy
This policy sets out the basis on which we may process any personal data we collect from you, or that you provide to us, in connection with your visit to this site. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. Any updates to this policy will appear on this page which you should check from time to time.
Personal data means any information relating to an identifiable person.
The processing of personal data shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Shearman.
Contact details of the data controller
Data controller for the purposes of the General Data Protection Regulation (GDPR):
Phone: 0207 655 5000
Collection of data
General data and information is collected when a user accesses the website. This general data and information are stored in the server log files. Collected may be the browser types and versions used, the operating system used, the website from which an accessing system reaches our website , the sub-websites, the date and time of access to the Internet site, an IP address, the Internet service provider of the accessing system, and any other similar data and information that may be used in the event of attacks on our information technology systems.
When using this general data and information, Shearman does not draw any conclusions about the user. The general data and information may be needed to deliver the content of our website correctly, optimise the content of our website, ensure the long-term viability of our systems, and provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber attack. The data of the server log files are stored separately from all personal data provided by a user.
If a user contacts Shearman by e-mail or via a website contact form, website sign-up form, or any other online form, the specific personal data transmitted by the user are automatically stored. Such personal data, laid out by what is requested in the form, is transmitted on a voluntary basis by a user to the data controller and is stored for the purpose of processing or contacting the user. There is no transfer of this personal data to third parties.
Where consent is required, it is a freely given indication of the user’s wishes by which they, by a specific clear affirmative action, agree to the processing of personal data relating to them.
Security of personal data
Shearman is committed to securing personal data by all means possible.
Rights of the user
a) Right of confirmation
Each user has the right to obtain from Shearman the confirmation as to whether or not personal data concerning them is being processed.
b) Right of access
Each user has the right to obtain from Shearman free information about their personal data stored at any time and a copy of this information. The GDPR grants the user access to the following specific information:
- The purposes of the data processing
- The categories of personal data processed
- The recipients to whom the personal data has been or will be disclosed
- The period for which the personal data will be stored and the criteria used to determine that period
- The existence of the right to request from Shearman change or erasure of personal data, or restriction of processing of personal data concerning the user, or to object to such processing
- The existence of the right to lodge a complaint with a supervisory authority
- Where the personal data is not collected directly from the user, information pertaining to the source of the personal data
- The existence of automated decision-making, including profiling, with information about the logic involved, as well as the significance of such processing for the user
- Information as to whether personal data is transferred to a third country or to an international organisation and the safeguards relating to the transfer
c) Right to change
Each user has the right to obtain from Shearman the changing of inaccurate personal data concerning them. Taking into account the purposes of the processing, the user has the right to have incomplete personal data completed, if not already complete.
If a user wishes to exercise this right, they may, at any time, contact Shearman.
d) Right to be forgotten
Each user has the right to erasure of personal data concerning them, and Shearman has the obligation to erase personal data where one of the following applies, as long as the processing is not necessary:
- The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed
- The user withdraws consent to the processing and there are no overriding legitimate grounds for the processing
- The user objects to the processing and there are no overriding legitimate grounds for the processing
- The personal data has been unlawfully processed
- The personal data must be erased for compliance with a legal obligation
If a user wishes to request the erasure of personal data stored, they may, at any time, contact Shearman. Shearman will ensure that the erasure request is complied with.
Where Shearman has made personal data public and is obliged to erase the personal data, Shearman shall take reasonable steps to inform other controllers processing the personal data that the user has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required.
e) Right of restriction of processing
The user has the right to obtain from Shearman restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the user, for a period enabling Shearman to verify the accuracy of the personal data
- The processing is unlawful and the user opposes the erasure of the personal data and requests instead the restriction of their use instead
- Shearman no longer needs the personal data for the purposes of the processing, but they are required by the user for the establishment, exercise or defence of legal claims
If one of the aforementioned conditions is met, and a user wishes to request the restriction of the processing of personal data stored by Shearman, they may at any time contact Shearman. An employee of Shearman will arrange the restriction of the processing.
f) Right to data portability
The user has the right to transmit their stored personal data to another controller without hindrance from Shearman, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Shearman.
Furthermore, the user has the right to have personal data transmitted directly from one controller to another, where technically feasible.
In order to assert the right to data portability, the user may at any time contact Shearman.
g) Right to object
Each user has the right to object, at any time, to processing of personal data concerning them.
Shearman shall no longer process the personal data in the event of the objection, unless we can demonstrate legitimate grounds for the processing which override the interests of the user, or for the establishment, exercise or defence of legal claims.
If Shearman processes personal data for direct marketing purposes, the user has the right to object at any time to processing of personal data concerning them for such marketing. If the user objects to the processing for direct marketing purposes, Shearman will no longer process the personal data for these purposes.
In addition, the user has the right to object to processing of personal data concerning them by Shearman for scientific or historical research purposes, or for statistical purposes, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the user may contact Shearman.
h) Right to withdraw data protection consent
Each user has the right to withdraw their consent to processing of their personal data at any time.
If the user wishes to exercise the right to withdraw consent, they may, at any time, contact Shearman.
Legal basis for the processing
GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the user is party, the processing is based on GDPR guidelines.
Processing is necessary for the purposes of the legitimate interests pursued by Shearman, except where such interests are overridden by the interests or fundamental rights and freedoms of the user which require protection of personal data.
Concerning the processing of data, in accordance with GDPR legislation, our legitimate interest is to carry out our business in favour of the well-being of all concerned.
Routine erasure of personal data
Shearman shall process and store the personal data of users only for the period necessary to achieve the purpose of processing or storage, or as long as other legislators in laws or regulations to which Shearman is subject to requires.
Existence of automated decision-making
We do not use automated decision-making or profiling. Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person.
Data Protection provisions about the application and use of AddThis
On this website, Shearman has integrated components of the enterprise AddThis. AddThis is a so-called bookmarking provider. The service allows for simplified bookmarking of Internet pages via buttons. By clicking on the AddThis component with the mouse, or by clicking on it, a list of bookmarking and sharing services is displayed. AddThis is used on over 15 million websites, and the buttons are displayed, according to the information of the operating enterprise, over 20 billion times a year.
The operating company of AddThis is AddThis, Inc. 1595 Spring Hill Road, Suite 300, Vienna, VA 22182, United States.
By calling up one of the individual pages of the website, which is operated by Shearman, and on which an AddThis component has been integrated, the Internet browser of the user is automatically prompted by the respective AddThis component to download data from the website www.addthis.com. Within the framework of this technical procedure, AddThis is informed of the visit and the specific individual page of this website that was used by the user with the help of information technology. In addition, AddThis is informed about the IP address of the computer system assigned by the Internet service provider (ISP) and used by the user, the browser type and language, the web page accessed before our website, the date and the time of the visit to our website. AddThis uses this data to create anonymous user profiles. The data and information transmitted to AddThis in this way will enable the enterprise AddThis, as well as affiliates or their partner-enterprises, to contact visitors of the web pages of Shearman with personalised and interest-based advertising.
AddThis displays personalised and interest-based advertising on the basis of a cookie set by the enterprise. This cookie analyses the individual surfing behaviour of the computer system used by the user. The cookie saves the computer-based outgoing visits to Internet pages.
The user may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent AddThis from setting a cookie on the information technology system of the user. Cookies may also be deleted by AddThis at any time via an Internet browser or other software programs.
The user also has the possibility of objecting permanently to the processing of personal data by AddThis. For this purpose, the user must click on the opt-out button under the link http://www.addthis.com/privacy/opt-out, which sets an opt-out cookie. The opt-out cookie used for this purpose is placed on the information technology system used by the user. If the user deletes the cookies from his system, then the user must call up the link again and set a new opt-out cookie.
With the setting of the opt-out cookie, however, the possibility exists that the websites of Shearman are not fully usable anymore by the user.
The applicable data protection provisions of AddThis may be accessed under http://www.addthis.com/privacy/privacy-policy.
Data protection provisions about the application and use of Google Analytics
On this website, Shearman has integrated the component of Google Analytics. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behaviour of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimisation of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics Shearman uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the user is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the user. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by Shearman and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the user will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the user, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the user. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the user, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The user may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the user. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.