Legal Notices

Website Disclaimer

Information on this and related website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your inquiries. Contacting us does not create an attorney – client relationship.

Please do not send any confidential information to us unless we have sent you an Engagement Letter to which you have agreed, and an attorney – client relationship has been established.

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Website Privacy and Cookie Policy

Privacy and Cookie Policy
Welcome to the Website owned by Visawolf, PC (“VisaWolf”). This Website Privacy and Cookies Policy (the “Website Policy”) is designed to tell you about our practices regarding collection, use, and disclosure of information that you may provide via this site. Please be sure to read this entire Website Policy before using or submitting information to this site. This site is governed by applicable laws of the United States of America.

 

Your Consent
Use of this site constitutes your consent to application of such laws and regulations and to the terms of our Website Policy. Whenever you submit information via this site, you consent to the collection, use, and disclosure of that information in accordance with this Website Policy.

 

Information Collection
Like many web sites, this site actively collects information from its visitors both by asking you specific questions and by permitting you to communicate directly with us via e-mail. Some of the information that you submit may be personally identifiable information (that is, information that can be uniquely identified with you such as your full name, address, e-mail address, phone number, etc.).

 

Some areas of this site may require you to submit information in order for you to benefit from the specified features (such as e-mail alerts or newsletter subscriptions). You will be informed at each information collection point what information is required and why.

As you navigate through a Website, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags and navigational data collection.

 

IP Addresses
This site uses Internet Protocol (IP) addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non- personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user’s computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our site, and administer and improve the site.

 

Cookies
The website of Visawolf, PC uses “cookies.” A cookie is a small text file that’s stored on your computer, tablet, or phone when you visit a website. A cookie helps the website remember information about you and your preferences.

 

Some cookies are deleted when you close down your browser.  These are known as session cookies.  Others remain on your device until they expire, or you delete them from your cache.  These are known as persistent cookies and enable us to remember things about you as a returning visitor.

The cookies we use allow us to recognize and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. Our cookies also enable us to tailor the content you view according to preferences you set.

 

We use Session Cookies for the following purposes:

  • To allow you to carry information across pages of our website and avoid having to re-enter information.
  • Within registration to allow you to access stored information.
  • To compile anonymous, aggregated statistics that allow us to understand how users use our website and to help us improve the structure of our website.

 

We use Persistent Cookies for the following purposes:

  • To help us recognize you as a unique visitor (just a number) when you return to our website and to allow us to tailor content to match your preferred interests.
  • To compile anonymous, aggregated statistics that allow us to understand how users use our website and to help us improve the structure of our website.
  • To internally identify you by account name, email address, customer ID, and location (geographic and computer ID/IP address).
  • To tailor content to your preferences.

 

Third parties serve cookies via this website. These Third Party Cookies are used for the following purposes:

  • To serve content on our site and track whether this content is clicked on by users.
  • To control how often you are shown particular content.
  • To count the number of anonymous users of our site. For website usage analysis.

 

You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to block the placing of cookies at all, but you should realize that this can limit the use of our website or services. You can find more information about cookies at www.cookiecentral.com/faq

 

Use of Information
Except as otherwise stated, we may use your information to improve the content of our site, to customize the site to your preferences, to communicate information to you (if you have requested it), for our marketing and research purposes, and for the purposes specified in this Website Privacy and Cookies Policy. We may disclose your personally identifiable information where required by applicable laws, court orders, or government regulations.

 

E-mail address
If you subscribe to our e-mail alerts, we collect your e-mail address. This address will only be used for keeping you informed as requested by you. If you wish to unsubscribe from our e-mail alert list, you can do so at any moment as indicated in every e-mail you receive or by contacting us at mail@visawolf.com.

 

Access and Correction
To keep your personally identifiable information accurate, current, and complete, please contact us as about any incorrect information. We will update or correct personally identifiable information in our possession that you have previously submitted via this site.

 

Security
We take reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our site and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Moreover, where you use passwords, ID numbers, or other special access features on this site, it is your responsibility to safeguard them.

 

Links to Other Web Sites
This site may contain links or references to other web sites. Please be aware that we do not control other web sites and that, in any case, this Website Privacy and Cookies Policy does not apply to those web sites. We encourage you to read the privacy and cookie policy of every web site you visit.

 

Changes
Visawolf, PC may revise this Website Privacy and Cookies Policy. You agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms to which you are bound.

 

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Summary of Data Protection Policy
  1. General

Visawolf, PC, which does business under the trade name “VisaWolf” (hereinafter referred to as the ” VisaWolf ” or “we”) attaches great importance to the careful handling of personal data. For this reason, we take great care in processing and securing personal data. In processing your personal data (any information relating to an identified or identifiable natural person) we comply with the requirements laid down in the European Union’s General Data Protection Regulation (“GDPR”).

In this privacy statement, we outline how we control and process your personal data. For a comprehensive explanation of the personal data we collect and use, and the purposes for which we collect and use the personal data, please refer to our Comprehensive Data Protection Policy.[1]

  1. The personal data we process

Our Services are described in an Engagement Letter sent to the individual client and or employer / sponsor at the beginning of each matter. In order to carry out these Services, VisaWolf may serve as a Data Controller and Data Processor by controlling and processing different types of your personal data (information and images) which you provide to us, for example:

  • Direct identification details (such as names and relationships)
  • Contact details (such as email addresses, places of residence and employment)
  • Travel history (such as travel documents and visas)
  • Personal history (such as residential, civil, military and or criminal records) and
  • Personal characteristics (such as photos, and demographic identifiers).

 

We do not control or process any personal information about you which you do not provide to us as provided in our Data Protection Policy and Website Privacy and Cookies Policy. We control and process only those personal data that are required for the performance of our Services. In order to perform the Services, VisaWolf uses the Systems of other Data Processors, for example:

  • com (for file storage),
  • com (for case management and production),
  • QuickBooks (for accounting),
  • Microsoft (for Office365 applications),
  • Charter Communications (for internet connection),
  • Visa, Mastercard. Discover, JCB (for credit card processing),
  • Wells Fargo Bank (for banking and check processing),
  • Government Agencies (as described in the Engagement Letter)

We use cookies on our Website(s) to optimize the functionality of the Website(s). For a detailed explanation of the cookies we use on our website(s), please refer to our Website Privacy and Cookies Policy, which is available at www.visawolf.com.

 

  1. The purposes for which we process your personal data

VisaWolf collects, uses, and manages your personal data for all purposes required to provide the Services and to ensure the proper operation of the Systems of other Data Processors and our Website(s). These purposes described in the Engagement Letter

We will not retain your personal data any longer than required for the purposes for which they were collected or for further processing. The retention of specific personal data may be subject to a statutory retention period under other legislation by which VisaWolf is bound.

  1. Disclosure to third parties

Your personal data will not be sold, transferred, or in any other way made known to third parties without your explicit prior consent, unless this is necessary for the purpose(s) set out in our Data Protection Policy, or unless we are legally obliged to do so.

  1. Transfer to countries outside of the EU

VisaWolf may store your personal data in countries outside of the EU, for example, in the United States of America, India, and any country listed in the Engagement Letter, or transfer your personal data to these countries in the course of providing the Services. Should this be the case, we will ensure that the transfer complies with the relevant legal obligations and that the party involved can guarantee an adequate level of protection of your personal data. Where necessary, we will use the standard contractual clauses drawn up by the European Committee and conclude appropriate data transfer agreements.

  1. Your rights as a data subject

We will process your personal data in a lawful, fair, and transparent manner, which entails that the personal data obtained by us will only be processed for the legitimate purposes mentioned above, which have been described explicitly in our Data Protection Policy. We will do our best to ensure that the processed data are accurate and, where necessary, kept up to date, adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed. As a data subject, you have rights with regard to the personal data you have shared with us. You have the following rights:
– The right to information;
– The right of access;
– The right to rectification;
– The right to erasure (‘right to be forgotten’);
– The right to restriction of processing;
– The right to object;
– The right to data portability;
– The right not to be subjected to automated individual decision-making, including profiling.

 

For more detailed information about the rights mentioned about, please refer to our Data Protection Policy. If you want to exercise one of the rights mentioned above or if you have any questions about your privacy, please send your question email to mail@visawolf.com, attention “Data Rights.”

 

The Controller and Processor:

Visawolf, PC

1390 Willow Pass Road, Suite 190

Concord, California  94520

USA

 

 

[1] Data Protection Policy: https://visawolf.box.com/s/sbm670ijs8rmen6cc19144unn8ppcii6

Comprehensive Data Protection Policy
  • Overview
    • Visawolf, PC (“VisaWolf” “we,” “us,” “our”) and their personnel have the responsibility to protect and safeguard the confidentiality of all personal data (Personal Information) collected, held or processed by VisaWolf. Our Data Protection Policy, Website Privacy and Cookies Policy, and General Digital Protection Policy (together the “Policies”) apply to all VisaWolf partners, counsel, associates, general staff, and independent contractors (“VisaWolf Team Members”) who have access to Personal Information. The Policies set out our global policy on the rights of individuals regarding their Personal Information. The Policies set out our responsibilities regarding access to and use of that Personal Information. Each VisaWolf Team Member is personally responsible for maintaining the security and confidentiality of Personal Information processed or controlled by VisaWolf
    • Any Personal Information collected, held or processed by VisaWolf relating to any individual is subject to the relevant provisions of law. The provisions set out in the Policies are intended to be our comprehensive guidelines and are therefore subject to any laws that may govern the use of Personal Information in each jurisdiction where a client is located. If there is a conflict between our Policies and a provision of  law, the law will take precedence.
    • Several principles organize our Policies. For example, the information must be: fairly and lawfully processed; processed in accordance with individual consent; processed for limited purposes and not in any manner incompatible with those purposes; adequate, relevant and not excessive; accurate; not kept for longer than necessary; processed in accordance with the individual’s rights; secure; and not transferred to other countries without adequate protection.
    • These principles apply to all Personal Information collected, held or processed by VisaWolf. They cover the Personal Information of individual clients, individuals employed by the employers or sponsors of such individual clients, and VisaWolf Team Members and even third parties with no direct connection to the firm or client or client’s employer / sponsor.
    • The Policies apply to Personal Information held in electronic records (for example, stored in the cloud, or stored on or accessed through computers, laptops, personal digital assistants, mobile phones used by VisaWolf Team Members for work purposes) or in manual filing systems (for example, paper files, hand written notes, paper copies of electronic records), if that system allows Personal Information about a specific individual to be readily identified.
  • Definitions
    • Processing is broadly defined and includes: obtaining, recording, holding, using, organizing, altering, retrieving, disclosing, erasing or destroying Personal Information.
    • Information or Data includes, without limitation, information stored in a form capable of being processed electronically, or stored as part of a manual filing system (including index cards or filing cabinets, where that system allows Personal Information about a specific individual to be readily identified).
    • Personal Information is any personal information or data relating to a living individual and from which that individual is identifiable, including Sensitive Personal Information (where permitted by law). This may include: name, date of birth, address and title, payroll details, financial details, employment or other references about him/her, a description in information from which the individual can be identified, biometric and photographic data, and other biographical information about that individual.
    • Sensitive Personal Information, may include, without limitation, any Personal Information relating to a living individual including:
      • racial or ethnic origin
      • political opinions
      • religious or philosophical beliefs
      • trade union membership
      • genetic data
      • biometric data for the purpose of uniquely identifying a natural person
      • data concerning physical or mental health,
      • data concerning a natural person’s sex life or sexual orientation, and
      • criminal proceedings or convictions and physical or mental health.

The above definitions used in the Policies are for guidance and are not exhaustive and are subject to legal requirements.

  • Data Protection Principles
    • Each VisaWolf Team Member who processes Personal Information must comply with several principles of good practice set out below. Our Services are described in an Engagement Letter sent to each individual client (and employer / sponsor, if applicable) at the beginning of each matter. Personal Information must be:
  • Personal Information is Fairly and Lawfully Processed
    • The individual must be informed about who will be processing the Personal Information and why the Personal Information is to be processed, in accordance with legal requirements. All practicable steps will be taken to ensure that the individual is informed as to whether the supply/collection of the Personal Information (including Sensitive Personal Information) is obligatory or voluntary. If the supply of that Personal Information is obligatory for some specified purpose, the individual will be informed of the consequences of failure to supply that Personal Information. In addition, particular care must be taken to ensure that the processing of Personal Information does not breach any copyright laws, duty of confidence or any other provision of law.
  • Personal Information
    • Personal Information will not be processed unless certain conditions are met and, subject to legal requirements and permissions. These conditions may include: the individual has consented to the processing; or the processing is permitted by  law, or any exemption contained in  law justifies the processing, in circumstances where consent is not required; or the processing is necessary for the legitimate interests and/or performance of a contract with the individual (e.g., payroll or obtaining references); or the processing is necessary to comply with any legal obligation; or the processing is necessary for the purposes of a legitimate interest pursued by us (unless it could prejudice the individual’s interests); or the processing is necessary to carry out public functions; or the processing is necessary to protect the vital interests of the individual.
  • Sensitive Personal Information
    • Sensitive Personal Information may be processed if permitted by law, in order to perform the Services. VisaWolf collects Sensitive Personal Information mainly from the individual client. VisaWolf will process Sensitive Personal Information in compliance with strict conditions of law which may include:
      • the individual has given his/her explicit consent; or
      • the processing is permitted by law, or any exemption contained in law justifies the processing, in circumstances where consent is not required; or
      • the processing is necessary for VisaWolf to meet a legal obligation in relation to employment (e.g., maintaining equal opportunity records); or
      • the processing is necessary to protect the vital interests of the individual; or
      • the processing is necessary for the administration of justice or legal proceedings.
  • Monitoring
    • VisaWolf carries out both routine and specific monitoring (where the circumstances warrant such action). Personal Information may therefore be collected directly or indirectly from such monitoring and/or from monitoring devices or by other means (for example, door access control mechanisms, closed circuit television, telephone logs, recordings and email and Internet logs). In these circumstances, the Personal Information may be processed, for example, for regulatory, legal, compliance or billing purposes or where the firm is investigating possible abuse of firm systems, or potential civil or criminal offences. Where VisaWolf carries out such monitoring it will protect Personal Information.
  • Consent
    • Personal Information (including Sensitive Personal Information) is collected via physical and electronic communications.
    • Our Services are described in an Engagement Letter sent to each individual client (and employer / sponsor, if applicable) at the beginning of each matter. An individual’s acceptance of our Services (the “Acceptance”) is demonstrated by that individual’s positive response to our requests, for example, by paying an invoice we send, providing information we request, answering questions we pose, providing documents we request, and by allowing, or causing, others to do the same.
    • An individual Acceptance is understood by us as Consent to processing of any Personal Information provided in connection with the Services, which Personal Information is necessary for entering into, or the performance of a contract. VisaWolf collects, uses, and manages Personal Information for all purposes required to provide the Services, to inform individuals of developments in the law or our Services, and to ensure the proper operation of our Systems and the Systems of other Data Processors and our Website(s).
    • Our Services may include representation of children. An adult individual’s Acceptance is understood by us as Consent on behalf of any unmarried children under 21 years of age of that adult. Where the age of legal consent us under 21, the adult individual must provide that child’s actual consent to VisaWolf in order for VisaWolf to perform Services on behalf of that child.
    • VisaWolf clients are not subject to decision making based solely on automated processing.
  • Personal Information is Processed for Limited Purposes
    • We will retain Personal Information only as required for the purposes for which the Personal Information was collected or for further processing. The retention of specific personal data may be subject to a statutory retention period under laws binding upon VisaWolf.
    • Personal Information is processed only for specific and lawful purposes, each of which has been disclosed in our Policies; or
      • is disclosed to the individual providing the Personal Information; or
      • is obvious in the context in which the Personal Information is collected; or
      • is permitted by law.
    • Personal Information is not processed in any manner incompatible with the stated purposes.
  • Personal Information Collection and Sharing
    • To carry out the Services, VisaWolf may act as a Data Controller and Data Processor by controlling and processing different types of Personal Information (data and images) which the individual client (or employer / sponsor, if applicable) may provide to us, for example:
      • Direct identification details (such as names and relationships to other people)
      • Contact details (such as email addresses, places of residence and employment)
      • Travel history (such as records of places visited, travel documents, work permits, and visas)
      • Personal history (such as residential, civil, military and or criminal records) and
      • Personal characteristics (such as photos, and demographic identifiers).
    • The above is not an exhaustive list of the Personal Information processed now or in the future by VisaWolf in connection with these Policies
    • We use cookies on our Website(s) to optimize the functionality of the Website(s). For a detailed explanation of the cookies we use on our website(s), please refer to the VisaWolf Website Privacy and Cookies Policy, which is available at www.visawolf.com.
    • Personal Information collected by VisaWolf may also be shared with other law offices in various jurisdictions for the same purposes as set out in our Policies. VisaWolf is the responsible party to administer and manage such Personal Information although it may transfer Personal Information to other offices as set out in our Policies.
    • As a matter of law firm practice, all channels through which Personal Information is gathered (for example, via application forms, emails, INSZoom case management functions, the VisaWolf website, etc.) will normally contain wording and/or a reference to our Policies so that individuals are informed of the intended use of the Personal Information being collected. Emails may contain notification which directs individuals to our Policies. Emails may also ask unintended recipients to immediately notify us and delete any email received in error. Copies of such communications are retained until it is envisaged that there will be no further contact with the individual concerned.
    • It is our policy not to share any Personal Information with any non-affiliated third parties unless: VisaWolf is so directed by, or with the consent of, the individual; it is necessary in the processing or administration of transactions/cases; it is in connection with providing services; it is related to our operations; or it is permitted by law or any exemption contained in law. Under no circumstances, unless prior authorization is obtained from the individual, will any Personal Information be disclosed to non-affiliated third parties other than as described in the Policies.
    • Personal Information may be shared with other non-affiliated third parties where such third party entity (and/or its successors and assigns) is performing certain services on behalf of VisaWolf, pursuant to its direction, or as directed or consented by the individual. This includes accounting, legal, business, and other related service providers or other parties which provide services needed by us to process Personal Information, for: the specified purposes as set out in the Policies, as may be permitted or required by law, as provided for by contractual arrangement, and in connection with our business and its operations (including where disclosure is necessary to facilitate the conduct of the specific matter including transactions/cases).
    • VisaWolf may also disclose Personal Information to government, law enforcement or regulatory authorities as required by law. If we are contacted by any such authority, we may be required to provide Personal Information to the extent required by law.
    • Where required by law, we will comply with all necessary authorization and registration requirements, including stipulating the purposes for which we intend to process Personal Information.
    • Personal Information (including Sensitive Personal Information) of the employees and independent contractors of VisaWolf is processed (including via electronic communications) for several business purposes including, without limitation: for our administration and management of its business; for compliance with  procedures, laws and regulations; for the transfer, storage and processing of Personal Information by the firm (or its agent(s) including any third parties retained by it together with their successors and assigns); our administration and management of its employees (including without limitation for: taxation and wage administration; medical information for the administration of private medical and other insurance schemes; performance evaluations; contingency planning; business travel; training; career planning; recruitment; provision of references; reimbursement of expenses; disciplinary purposes; compiling personnel profiles, contact lists and directories); and any matters related to these purposes.
  • Personal Information processing is Adequate, Relevant and Not Excessive
    • Personal Information is held only if sufficient for the Services but not more than sufficient for those purposes. Periodic audits may be carried out to ensure that no irrelevant or excessive information is held.
  • Personal Information is Accurate
    • Any Personal Information stored must be accurate and up to date. Periodic audits and client confirmations are conducted to check Personal Information for accuracy and to ensure that out of date material is updated or destroyed. The interval for such audits will be determined by reference to the nature of the Personal Information and the purpose for which it is being held or processed, including any legal or regulatory requirements to retain the Personal Information. This is achieved by regularly reviewing Personal Information held to ensure compliance with legal, operational and regulatory requirements.
    • We request individual clients to notify us of any changes to their contact details such as name, home address, work address, mailing address, telephone, and email. Any person who resides in the USA and is not US citizen, must also notify the US Department of Homeland Security of any change in residence within 10 days of making such change. This change of address notice is filed using USCIS Form AR-11, available here:  https://egov.uscis.gov/coa/displayCOAInitForm.do We request VisaWolf Team Members to notify us of any material changes to their key Personal Information such as contact details such as name, home address, work address, mailing address, telephone, and email.
  • Personal Information Not Kept Longer Than Necessary
    • Personal Information held by VisaWolf for a specific purpose is not be held for longer than is necessary for that purpose. We have procedures in place which provide for review and deletion and or destruction of information which no longer needs to be retained. If during any periodic review, it is discovered that the purposes for which the Personal Information was gathered are no longer necessary and there is no reason for the personal information to be retained, the Personal Information will be destroyed.
    • All Personal Information is destroyed at the end of any retention period that is required or permitted by law, in a manner appropriate to its sensitivity. All back-up and archive copies are also destroyed.
  • Personal Information Processed in Accordance with the Individual’s Rights
    • Individual clients may be entitled to exercise certain data protection rights. For example, citizens and residents within the European Union (“EU Data Subjects”) possess these data rights:
      • The right to information;
      • The right of access;
      • The right to rectification;
      • The right to erasure (‘right to be forgotten’);
      • The right to restriction of processing;
      • The right to object
      • The right to data portability;
      • The right not to be subjected to automated individual decision-making, including profiling.
    • If an individual data right exists and the individual provides to us a request to exercise such data right, VisaWolf will comply with its legal obligations in that regard. If an individual wants to exercise a data right, or if any individual has any questions about our Policies, he or she must send such inquiries via email to mail@visawolf.com, attention “Data Rights.” A request to exercise the data rights of a EU Data Subject will be responded to within one month. For complex or numerous requests of an EU Data Subject, VisaWolf will inform the individual of the need for additional time and may respond within an additional two months.
  • Security
    • VisaWolf takes appropriate security measures to safeguard Personal Information against any accident, loss, destruction, damage and any unauthorized or unlawful processing. Such measures include, but are not limited to, access controls (such as individual passwords), audits and training for VisaWolf Team Members responsible for processing, maintaining and transferring personal data. VisaWolf Team Members are regularly reminded of these responsibilities.
    • Any VisaWolf Team Member who handles Personal Information is required to maintain, secure and protect the confidentiality of such information and take all necessary precautions to protect Personal Information from any unauthorized use, disclosure or potential loss. Measures that are undertaken to secure Personal Information include, but are not limited to, the following: all VisaWolf Team Member must at all times comply with the Policies described herein, as well as our Confidentiality Policy, Computer Use Policy, the terms and conditions of employment, and the Rules of Professional Responsibility of the State Bar of California relating these Policies.
    • Access to electronic databases or documents containing Personal Information is only provided to those VisaWolf Team Members who have work-related reasons for access. Paper records containing Personal Information are stored in physical locations secured by automatic locks. Entry is provided to third parties who are not VisaWolf Team Members only after personal identification by a VisaWolf Team Member. A VisaWolf Team Member accompanies the third party at all times while such person is on the premises where Personal Information is stored.
    • The processing of Personal Identification requires at least two separate forms of password/biometric identification to control access: the access to the device (device login), then to access the application where the Personal Information is stored (application login). Files containing Sensitive Personal Information may require a third form of password/biometric identification (for file opening). Passwords are changed periodically. Computers, laptops, Personal Digital Assistants and mobile phones that provide access to Personal Information are protected by passwords or biometric identification. Computers located in VisaWolf offices which provide access to Personal Information are not left unattended, unless they are password protected through automatic screen savers.
    • When an individual is no longer a VisaWolf Team Member, his/her access to VisaWolf paper and electronic Personal Information is immediately terminated; all computers are protected with multi-tier anti- virus software. Computer systems are archived and backed up periodically; any Personal Information not maintained electronically is maintained in a secure location when not in use; and additional security measures are in place for Sensitive Personal Information (as provided for by  legislation) to ensure that access is on a strict “need to know” basis only.
    • VisaWolf Team Members are subject to all restrictions, provisions and covenants contained in any confidentiality, non-solicitation and non-competition agreement(s) and acknowledgment(s) executed in connection with their employment and any rules and policies implemented by VisaWolf. Under no circumstances shall VisaWolf Team Members use Personal Information for their own use or otherwise outside of their employment with VisaWolf.
    • A Personal Information breach is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information transmitted, stored or otherwise processed. VisaWolf takes technical and organizational steps appropriate to avoid a breach of any individual’s Personal Information. These steps include
      • Pseudonymisation (the processing of Personal Information so that it can no longer be attributed to a specific individual without the use of additional and separately-held information subject to organizational and technical measures ensuring the anonymity of the individual).
      • Encryption of Personal Information.
      • Procedures to ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services.
      • Procedures to ensure timely restoration of availability and access to Personal Information in the event of a technical incident.
      • Processes for regular testing, assessment, and evaluation of measures for ensuring the security of processing.
    • As a Data Controller relative to EU Data Subjects, VisaWolf will notify an EU Data supervisory authority without undue delay and, where feasible, not later than 72 hours after becoming aware of a Personal Information data breach unless the data breach ‘is unlikely to result in a risk to the rights and freedoms of natural persons.’ Where a data breach is likely to result in a high risk to the rights and freedoms of an EU Data Subject, as the Data Controller, VisaWolf will communicate the breach to such EU Data Subjects without undue delay,
    • We only control and process Personal Information as described in these Policies. To perform the Services, VisaWolf uses the Systems of other Data Processors, for example:
      • Box.com (for file storage),
      • INSZoom.com (for case management and production),
      • QuickBooks Online (for accounting),
      • Microsoft (for Office365 applications),
      • Charter Communications (for internet connection),
      • AT&T and RingCentral (for telephone, voicemail, and fax)
      • Visa, Mastercard, Discover, JCB, and American Express (for credit card processing),
      • Wells Fargo Bank and First Republic Bank (for banking and payment processing),
      • Government Agencies (as described in the Engagement Letter)
    • The above is not an exhaustive list of the Systems of other Data Processors used now or in the future by VisaWolf in connection with these Policies. We have identified all Data Processors acting on our behalf regarding Personal Information, and ensured that each has provided assurances they are implementing appropriate measures to comply with the GDPR and that their processing is governed by a contract. If new Data Processors are engaged by us to act on our behalf regarding Personal Information, we will ensure that each has provided assurances they are implementing appropriate measures to comply with the GDPR and that their processing will be governed by a contract.
  • Personal Information Not Transferred to Countries Without Adequate Protection
    • VisaWolf is headquartered in the United States of America and its individual clients are citizens and or residents USA and of many countries outside the USA. In order to operate our business, we may need to transfer and or process Personal Information of EU Data Subjects and citizens and residents of the USA and other countries to locations outside the USA, the EU/EEA which may be outside the country of citizenship or residence of individual who have provided Personal Information.
    • Data protection and privacy laws in other jurisdictions may not provide for the same level of protection of Personal Information as exists in an individual’s home country. Personal Information is not to be transferred outside of the European Union except in compliance with certain safeguards and requirements established by European Union law.
    • To ensure a sufficient level of Personal Information protection, VisaWolf and its offices have entered into agreements containing the clauses to ensure that Personal Information transferred across national borders by VisaWolf will be dealt with in compliance with European Union law (“EU Compliant Agreements”).
    • Some Personal Information may fall outside of, or may not be covered by, EU Compliant Agreements. If so, such Personal Information will not be transferred from within the EU to any person or organization outside of the EU by any means (including, for example, by such methods as email or through any intranet or other computer network), unless:
      • the individual to whom the Personal Information relates has given his/her consent to the transfer; or
      • the processing is permitted by law, or any exemption contained in law justifies the processing, in circumstances where consent is not required; or
      • that country or territory enforces an adequate level of protection for the rights and freedoms of individuals in relation to the processing of Personal Information; or
      • if that country or territory not offer the same level of protection for the rights and freedoms of individuals in relation to the processing of Personal Information, the transfer has been authorized by a relevant national authority.
  • Individual Rights
    • An individual may have certain rights concerning his/her Personal Information based on country of citizenship or residence. Subject to its legal obligations in each jurisdiction and to the application of any legal exemptions, VisaWolf will comply with any such individual rights. If a person wishes to exercise a data right or if any individual has any questions about our Policies, send such inquiries via email to mail@visawolf.com, attention “Data Rights.”
    • Individuals may be entitled to make a formal request to access certain of their Personal Information which is held by VisaWolf. Where law confers such a right, we will comply with any such request. We may provide remote access by link to a secure system, rather than providing a physical or electronic copy. We may contact individual requestors to validate identity through verification of certain Personal Information. We will redact Personal Information of third parties that may be connected to an individual file, for example, next of kin.
    • Any such request for access to Personal Information must comply with all legal requirements and must be in writing and accompanied by the following information: information as to the individual’s identity, any other information required and payment of any fee, that may be permitted by law; the individual’s contact details, and the date and signature; and any other information required to comply with any other access conditions/requirements under law.
    • The law may provide circumstances and/or categories of Personal Information which may not be or are not required to be disclosed by VisaWolf. For example, the access rights of EU Data Subjects is limited by certain EU laws which provide that Personal Information, in respect of which a claim to Legal Professional Privilege (“LPP”) could be maintained in legal proceedings, will be exempt from the GDPR information provisions (which includes access rights). In such circumstances, we will comply with our legal obligations and will notify the individual if any information requested cannot be provided and the reasons therefor. VisaWolf will only provide access as required by law.
  • Compliance with this Policy and Unauthorized Use or Disclosure
    • Processing of Personal Information outside these guidelines is not permitted by VisaWolf. If a VisaWolf Team Member unlawfully obtains, discloses or sells any Personal Information of another individual without consent, he or she may be guilty of a criminal offense. Anyone violating this Policy may be subject to disciplinary action, up to and including termination of employment.
    • Any VisaWolf Team Member who has knowledge of unauthorized access, use or disclosure of Personal Information must immediately report it to a VisaWolf partner. Unauthorized access, use or disclosure of Personal Information or failure to report such unauthorized access, use or disclosure, will result in appropriate disciplinary action, which may include the termination of employment.