For purposes of providing client services, including the applicable legal services, and/or immigration consulting services you and/or your employer request, Fragomen collects and processes personal information such as name, address, telephone number, date of birth, marital status, passport number, employment history, educational background, tax status, employee number, job title and function, and expatriate status. Where required for the service, Fragomen collects certain personal documents such as passport copies, educational documents, CVs, visa copies, birth certificates, and other documents.

We obtain the personal information from a number of sources, such as through our online portals, our mobile website or applications, online questionnaires and forms you complete, and other information you provide directly to us, including by email or in conversation with our lawyers, consultants and staff. In addition, we obtain personal information from third-party sources, such as former employers, educational institutions you attended, relocation companies, and your current or prospective employer. We use this information to provide immigration consulting and legal services, including analyzing, completing and processing immigration, visa and related filings and submissions to relevant government agencies, providing legal and consultative advice as to eligibility to obtain immigration benefits, and assisting with relocation and other expatriate issues.

In many instances such as visa extensions, permanent residency, and other cases related to changes in employment, the services we provide require follow-up services. If such follow-up is required, the information we have collected previously is used to provide the additional related services for which we have been engaged.

We also use your personal information in other instances in connection with the services we provide. This use occurs only when there is a legitimate interest to do so that is not overridden by your data protection rights as required by law, such as assisting in the management and administration of our clients’ global mobility programs (such as visa expiration tracking, immigration program compliance, etc.), providing access to online case-management tools, where applicable, and analyzing immigration trends, such as visa processing times and government approval rates. Where we are engaged by your employer, we process your personal information because it is in our legitimate interests to do so in order to fulfill our contract with your employer for client services.

In addition to providing you or your employer with our services, we process personal information to comply with our legal and regulatory obligations including record-keeping requirements. For example, we process personal information under “know your customer”, anti-money laundering regulations, anti-bribery regulations and professional regulations.

Certain countries require verification of new employees’ employment eligibility at the time of hire. Examples of such requirements include the Immigration Reform and Control Act of 1986 (“IRCA”) in the United States and the Immigration, Asylum & Nationality Act of 2006 in the United Kingdom, pursuant to which Fragomen collects and processes personal information such as your name, email address, home address, military service, and citizenship status.

If you request information about our services directly, we may ask you to provide contact information so that we may respond to your request.

Fragomen's Business Visa Matrix (BVM) is a web-based tool that assesses whether a business traveler may lawfully conduct planned activities abroad on business visitor status or whether work authorization is required. If you choose to use this service, we will provide an automated assessment, using the information provided by the user and based on local immigration law requirements, to assist in the determination of what immigration requirements may be necessary for travel to or within a particular country.

Nomadic is a cloud-based platform for short-term immigration services. Nomadic’s pre-trip assessment tool assesses biographic and trip information provided by the user against local immigration law requirements maintained by Fragomen, to determine the immigration requirements for travel to a particular country. Nomadic also assists with obtaining visas, passports, posted worker notifications and other consular immigration filings.

WorkRight is an employment verification compliance tool that helps prevent identity theft and fraud which can occur during an employer’s onboarding process. Using document authentication software and facial recognition software to link the candidate to the document, employers will receive confirmation of the legitimacy of the document and the identity being presented. WorkRight, the tool used to provide these right to work services, is hosted in the respective region where the services are being provided. 

Where it is in our legitimate interests and not outweighed by your data protection rights, we use personal information we collect and process for client and Fragomen administration, compliance audits, compliance with Fragomen policies and procedures, ensuring the security and integrity of our services and in ensuring that our IT systems function effectively.

We will never sell your personal information, in accordance with relevant data privacy law and professional responsibility requirements. Your personal information is only shared with third parties where needed to provide the services requested. Please see below for more details in Information We Share. 

In the course of our client services, we may represent you and/or your employer in legal matters that require us to collect and use sensitive personal information relating to you. For example, if we represent you in a criminal case, we will collect information about the alleged offenses and any related criminal history. In some employment representations, such as disputes involving alleged discrimination, information about medical conditions, race, religion and/or sexual orientation may be relevant to the representation. Similarly, representations in tax or social security matters may also require us to collect sensitive personal information, such as if we are advising on whether certain disabilities qualify for social security or tax benefits. Where we process sensitive personal information in the course of these and other similar client services, we do so to assist you and/or your employer to establish, exercise or defend legal claims or to assist you and/or your employer in fulfilling the rights and obligations of applicable employment or social security laws.

Fragomen relies on one or more of the following legal bases when processing your personal information and sensitive personal information: 

• • • consent to the processing of your personal information for the purposes of providing immigration consulting and legal services; 
    • processing is necessary for the performance of a contract to which you are a party (for the provision of private client services); and/or 
    • processing is necessary for compliance with a legal obligation to which Fragomen is subject to i.e., the government requirements regarding immigration services. 

We use cookies and related technologies on our websites and other web-based interfaces, such as Fragomen Connect, employer-specific Immigration Home Page Applications, our mobile website and applications, and the BUSINESS VISA MATRIX™. We use these technologies to understand how many users visited our sites and the pages they accessed so that we can best tailor our web services to our visitors.

Where AI is being used as part of the services we provide to you, there will be access to a human review to ensure your data subject rights are respected. If an Artificial Intelligence (AI) model third party provider is used, they shall act as Fragomen's data processors, with the relevant contractual provisions in place to ensure the security of your personal information and compliance with applicable laws and regulations. Fragomen conducts data protection impact assessments in accordance with data privacy laws and Artificial Intelligence legislation. 

Cookies are small text files that are placed on your computer’s hard drive when you visit certain websites that help collect data. We use necessary cookies to enable functionality of our site. We won’t set optional cookies unless you enable them. Submitting your preference by using our Cookies consent tool will set a cookie on your device to remember your preferences. Should you wish to change your cookie preferences, you may do so by scrolling down to the bottom of the page and click on the bottom left corner the ‘Cookies Settings’ button. You’ll be offered the list of cookies that you can activate or disable, as you wish. Please note, however, that without cookies, you may not be able to take advantage of all our website features.  

Log files are web server files (containing information such as domain name or IP address, URL, http response code, or the date and duration of your visit) that are automatically created when an Internet user visits a website. An IP address is an identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our website, our servers log your IP address. In combination with other data, this information helps us understand which features are of interest to our visitors and the regions of the world where these visitors are located. In addition, log files help detect disruptions that may interfere with the provision of our website. 

We will not sell, share, transfer, rent, use, or distribute your information for purposes other than those disclosed here unless required by law or as authorized by you or your employer. We share the information you provide among our subsidiaries, affiliates and your current or prospective employer or a third party as your employer instructs us, as appropriate or necessary in connection with the services (such as your employer’s relocation provider, or to protect the interests of any person, where permitted by applicable law. Where our services are retained by your employer on your behalf, we share your personal information as instructed by your employer, for tax purposes, to assist you in obtaining relocation services, and for any other purpose required to provide the services as permitted by applicable law.

In addition, as part of the immigration consulting and legal services we have been directed to provide, Fragomen discloses personal information to government agencies, your former, current, or prospective employer and its related entities. In order to obtain immigration benefits on your or your employer’s behalf, we will disclose personal information to government agencies and immigration authorities.

We also share the information with certain service providers we have retained in connection with the services we provide, such as translators, education evaluation services, couriers, or other necessary entities. We take steps to require that service providers protect the information consistently with this Privacy Notice. These service providers are authorized to use the information only as necessary to perform services on our behalf or to comply with law or legal process. Where we have knowledge that a service provider processes your personal information in a manner contrary to this Privacy Notice, we will take reasonable steps to prevent or stop the processing. In addition, we will disclose information about you: (1) if we are required to do so by law or legal process, (2) to law enforcement authorities or other government officials, (3) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or actual illegal activity; or (4) if necessary to protect the vital interests of any person.

We seek to ensure that any personal information that we hold about you is accurate, complete, current and otherwise reliable based on data you or an employer provide in order to provide the immigration consulting and legal services. We seek to collect only that personal information that is adequate, relevant and not excessive for these purposes.

We maintain appropriate administrative, technical, organizational, and physical safeguards to protect against loss, misuse or unauthorized access, disclosure, alteration, or destruction of personal information.

We educate our employees and strive to maintain appropriate standards of conduct with regard to the protection of personal information.

We take steps to require that third parties who assist in our provision of services abide by all applicable privacy and data protection laws and prohibit them from using your information other than in connection with the services they have been engaged to provide.

We retain personal information for only as long as we need it to provide the services you or your employer has requested, for our own administration and internal purposes, and for any periods that are mandated by law or otherwise agreed to with our clients, after which, we take steps to delete or anonymize the information.

Transfers required for the services

When we transfer your information to other countries, we will use, share and safeguard that information as described in this Privacy Notice. We transfer personal information to third countries where it is necessary to provide you the service you (or your employer) requested. For example, the Government requires certain personal information in order to review applications, screen foreign nationals, issue visas and other work authorization documents, etc. We also provide your personal information to local advisors, translators and other service providers where it is necessary to provide the service you requested.

 

Transfers to other Fragomen offices

We share some of your personal information with other Fragomen offices to administer and manage group functions and provide international advisory services. For these purposes, your personal information will be processed in, or accessed from, Fragomen offices situated in jurisdictions that do not have equivalent data protection laws to those in your country of residence.

In addition, some of our global systems for providing services are hosted by our offices in the United States. We safeguard your data within the Fragomen group of companies through the use of European Commission-approved standard contractual data protection clauses, or other applicable data transfer agreement. 

 

Transfers to other service providers

Your personal information may be shared with third parties in support of the requested services under contract for the purposes described in this Privacy Notice, some of which are located outside the EEA. If you reside in the EEA, we may use standard contractual data protection clauses, which have been approved by the European Commission to ensure the appropriate safeguards are in place if a transfer of our personal data takes place outsides of the EEA. For further information, including to obtain a copy of the documents used to protect your information, please contact us as described in the How to Contact Us section below.

As set out above, Fragomen may collect certain information about you in conjunction with providing immigration consulting and legal services. We will respect your decision if subsequently your employer informs us or, where you instruct us directly, you inform us that you wish to opt- out of personal information. If sensitive personal information is involved for the delivery of a new purpose we will only use your information if you actively communicate your consent to this processing to your employer or us, as applicable, when it is necessary to deliver requested service, or in accordance with the requirements of applicable laws. We will follow the identical procedure if we disclose personal information to third parties that are expected to process the personal information for their own independent purposes.

We also will assist our clients to provide you, or provide you directly, where appropriate, with access to your personal information and, as applicable, with the ability to review and correct inaccuracies, delete unnecessary personal information, and receive a copy of your personal information in a structured machine-readable format. We may, where applicable, use reasonable efforts to assist your employer in responding to a request to access, correct, delete or restrict processing of your personal information or, where required by law, to respond directly to such a request within a reasonable period of time. In the event that either you or your employer informs us in writing that you wish to opt-out of future processing of personal information we will respect your request.

To help protect your privacy and the security of your information, Fragomen takes reasonable steps to verify your identity before granting access to information. Where we rely solely on your consent, you may withdraw it at any time. You may also object to processing that is based on our legitimate interests alone. In such instances, our business interests must be found to be compelling and to not jeopardize your individual rights before further processing may continue. To exercise these rights, please contact your employer or Fragomen, as applicable. If you have unresolved concerns, where provided by local law, you may have the right to complain to a data protection authority where you reside, where you work or where you believe there has been an infringement of data protection laws.

Please note in order to exercise your right, Fragomen will request a copy of a government issued identification document in order to verify your identity. This is done in accordance with our obligations under data protection laws and to protect the personal information that we hold. We will only use this information for identity verification purposes, and we will delete it after your request has been responded to.  

Fragomen has a seven-year post case closure retention policy, unless there is a regulatory or legal reason not to do so, or where a different time period needs to be observed due to local requirements. 

This Privacy Notice may be updated periodically without prior notice to you to reflect changes in our information practices. We will post a notice on our applicable websites or materials to advise of any significant changes to our Privacy Notice and indicate in the notice when it was most recently updated. In certain countries, additional or different procedures not inconsistent with this Privacy Notice may apply as necessary to satisfy local legal requirements.

EFFECTIVE DATE: 24 June 2024

Protection of Personal Information Act, Act 4 of 2013 (POPIA)

 

South Africa - POPIA Addendum to the Fragomen Privacy Notice

POPIA is South Africa’s data protection law. The South African government enacted POPIA to promote the protection of personal information processed by public and private bodies and to establish minimum requirements for the processing of personal information.

This Addendum to Fragomen’s Privacy Notice is intended to inform you about the privacy practices of Fragomen Africa (Pty) Ltd., the entity representing Fragomen in South Africa. Defined terms used in this document are the definitions to be found in POPIA, as published in the Government Gazette.

 

POPIA - Conditions for lawful processing of Personal Information

Under POPIA, Fragomen is considered to be a ‘Responsible Party’. A Responsible Party determines the purpose of, and means for, processing Personal Information.

Personal Information can be information relating to a living natural person (an individual), or information relating to a juristic/legal person (e.g. a company or corporation).

There are eight conditions which a Responsible Party must comply with when collecting and processing Personal Information. These conditions are summarized below. The full text of the conditions are able to be viewed in POPIA itself, as published in the Government Gazette:

1. 1. Accountability: the Responsible Party (Fragomen Africa (Pty) ) is responsible for ensuring that POPIA’s information protection conditions are met;
   2. Processing limitation: the processing is performed in a reasonable manner that does not infringe the Data Subject's privacy, is relevant to the purpose, and is not excessive. Personal Information may only be processed if one of the specified justifications are present which include: the Data Subject has consented thereto, the processing is necessary for the conclusion or performance of a contract, the processing complies with an obligation imposed by law, the processing protects a legitimate interest of the Data Subject, or processing is necessary for pursuing the legitimate interests of the Responsible Party or a third party to whom the information is supplied;
   3. Purpose specification: Personal Information must be collected for a specific, explicitly defined and lawful purpose related to a function or activity of the Responsible Party and steps must be taken to ensure that the Data Subject is aware of the purpose of collection;
   4. Further processing limitation: Further processing of the Personal Information is to be compatible with the purpose for which the Personal Information was collected;
   5. Information Quality: Having regard to the purpose for which it was collected, a Responsible Party must take reasonably practicable steps to ensure that the Personal Information is complete, accurate, not misleading and updated where
   6. Openness: the Data Subject has been made aware of, inter alia, the nature of the information being collected, the identity of the Responsible Party and the purpose of the collection of the Personal Information;
   7. Security safeguards: the Responsible Party must secure the integrity and confidentiality of the Personal Information by taking appropriate technical and organisational measures to prevent inter alia, the loss, damage, unauthorised destruction, or unlawful access to the Personal Information; and
   8. Data Subject Participation: the Data Subject, having provided adequate proof of identity, may ask whether the Responsible Party holds Personal Information of theirs and may request a copy of that Personal

 

Processing of Special Personal Information

Governments worldwide require the collection and processing of a wide variety of Personal Information from Data Subjects (and if applicable, their family members) when they are seeking to enter a particular country. Certain categories of Personal Information may be considered sensitive and are subject to a higher level of protection. POPIA defines Special Personal Information as information relating to religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric information or the criminal behaviour of a Data Subject. In the context of the services we provide, Fragomen collects this type of Special Personal Information when such data is necessary to comply with the legal obligations of the country in which you are seeking a visa or work permit.

 

Exercising Your Rights under POPIA

If you would like to exercise your rights under the Protection of Personal Information Act, please email Fragomen’s Data Privacy Office at [email protected]. If would like to contact Fragomen’s Johannesburg, South Africa Office directly you may do so with any of the following:

Email: [email protected]

Telephone: +27 11 684 9000

Postal Service:

Fragomen

Rosebank Mall Offices 4th Floor

11 Cradock Ave, Rosebank

Johannesburg, 2196

South Africa

 

Information Officer

In accordance with POPIA, Fragomen has appointed Mr. Lunga Mani, Fragomen’s practice leader in South Africa, to serve as the Information Officer.

China mainland (excluding Hong Kong, Macau or Taiwan)

Last updated on March 22, 2024

 

This section is applicable if you are located in mainland China.

This section (“China Addendum”) provides additional information as required by the People’s Republic of China, Personal Information Protection Law (PIPL), and other relevant regulations.   

This China Addendum should be read together with the Fragomen Privacy Notice.  

 

Cross-border transfer of personal information 

In addition to the "Information We Transfer" section of the Privacy Notice, Fragomen China (hereinafter referred to as "we" or “us”) provides your personal information to recipients outside of China, Fragomen Global LLP (hereinafter referred to as "Overseas Recipient"), for the purposes mentioned in "Information We Transfer" in the Privacy Notice when providing services to you and/or your employer. If you and/or your employer have any questions about the processing of personal information by the Overseas Recipient or would like to exercise your rights as a personal information subject, you may contact us via the below means.

 

Email: [email protected]

Address: Attn: Data Privacy Office

Fragomen (Shanghai) Co., Ltd

Suite 1408, Level 14, Jin Mao Tower, 88 Century Avenue,

Shanghai, 200120, China

 

Or you may directly contact the Overseas Recipient:

Email: [email protected]

Address: Attn: Office of General Counsel

Fragomen Global LLP

90 Matawan Road

P.O. Box 2001

Matawan, New Jersey 07747 USA

 

Processing your data

Where necessary, we use Fragomen Connect to transmit, store and archive your personal information so that you and/or your employer can view the progress of the case and manage the case in a timely manner. "Fragomen Connect" is a case management system independently developed and owned by Fragomen Global LLC, with its Data center based in Texas, USA.

Moreover, in order to ensure that the data will not be inaccessible, lost or damaged due to factors such as damage, loss, theft, strike, riot, war, government action, natural disasters, etc., Fragomen China uses an alternate data center in Hong Kong to back up data when providing you and/or your employer with immigration services. The Hong Kong backup data center is also provided by the above-mentioned Overseas Recipient In addition to providing data storage and security protections, the Overseas Recipient does not process backup data. In the event of an information security incident, we will take appropriate measures in accordance with applicable laws, including taking remedial measures, notifying the affected data subject, and notifying the appropriate authorities. 

 

Minor’s Personal Information

We attach great importance to the protection of the personal information of minors (children under the age of 14), and we will not collect the personal information of minors directly from them. If you request us to provide services in relation to minors under your guardianship, we need to obtain your (i.e., parent or other guardian) consent before we can collect and use the personal information of minors, in accordance with the relevant provisions of the PIPL.

If you voluntarily provide us with the personal information of the minors under your guardianship during the use of our services, it means that you have consented to us using and processing the personal information of the minors under your guardianship in accordance with the content of this Privacy Notice.

 

Exceptions to enforcing your rights 

We will do our best to help you exercise your personal information rights and interests to the extent permitted by law. However, in accordance with relevant laws and regulations in China, we will not be able to respond to your request in the following situations:  

• directly related to national security and national defense security;
• directly related to public safety, public health, and significant public interest;
• directly related to a criminal investigation, prosecution, trail, and enforcement of judgement; or
• in order to protect your vital interest or that of another individual, property and other vital legal rights and interests, where it is difficult to obtain your or another individual's consent.

 

中国大陆（不包括香港、澳门或台湾地区）

最后更新于 3月22日，2024年

如果您在接受费戈曼的服务时位于中国大陆，则本节适用于您。本节中国附录（“中国附录”或“本附录”）是对《费戈曼隐私声明》（Fragomen Privacy Notice）（以下简称“《隐私声明》”）的补充，本附录应与《隐私声明》一起阅读，若本附录与《隐私声明》存在任何冲突，以本附录为准。  

请注意，费戈曼商务咨询（上海）有限公司，费戈曼商务咨询（上海）有限公司北京分公司（以下称“费戈曼中国”或“我们”）仅提供出入境咨询服务，不提供任何法律服务。

现依照《中华人民共和国个人信息保护法》和其他中国境内（不包括香港、澳门或台湾地区）相关法律法规要求进行如下披露。

 

个人信息的跨境传输

除了《隐私声明》中“我们传输的信息”一节中提及的个人信息传输，费戈曼中国在为您和\或您的雇主提供服务时，基于《隐私声明》中“我们传输的信息”提及的目的将您的个人信息提供给中国境外的接收方（以下称“境外接收方”) Fragomen Global LLP (“费戈曼全球有限责任合伙公司”) 。您和\或您的雇主对境外接收方的个人信息处理有任何疑问，或想要行使您作为个人信息主体权利的，您可以通过以下联系方式费戈曼中国。

 

联系方式：china[email protected]

收件地址：      费戈曼（上海）商务咨询有限公司数据隐私部门（收）

中国上海市自由贸易试验区

世纪大道88号金茂大厦 2区14层08单元                                                                     

 

您也可以直接联系境外接收方，联系方式：[email protected]

收件地址：Attn: Office of General Counsel
Fragomen Global LLP
90 Matawan Road
P.O. Box 2001
Matawan, New Jersey 07747 USA

 

提供方式及处理

在必要的情况下，费戈曼中国使用CONNECT传输、存储、归档您的案件信息，以便您和\或您的雇主及时查看案件进展和进行案件管理。“CONNECT”是费戈曼全球有限责任合伙公司自主开发并拥有的案件管理系统。CONNECT数据中心位于美国，德克萨斯州。

另外，为保障数据不会因为终端设备的毁损、遗失、被窃、罢工、骚乱、战争、政府行为、自然灾害等因素而无法访问、丢失和毁损，在为您提供出入境服务时费戈曼中国使用位于香港的备用数据中心以备份数据。该备用数据中心亦由上述境外接收方提供，除提供数据存储及安全保障外，境外接收方不对备份数据进行其他处理。

 

保障措施

我们将采取必要的安全管理和技术措施，确保所有个人信息处理活动符合《中华人民共和国个人信息保护法》（以下称“个保法”）规定，确保个人信息传输及符合个保法第三十八条规定的条件。我们与境外接收方签订了《个人信息出境标准合同》并按照相关规定对合同进行备案，确保境外接收方处理您的个人信息的活动符合个保法规定的个人信息保护标准。若出现信息安全事件，我们将依据相关法律法规及时采取适当的应对措施，包括采取补救措施、通知受影响的个人信息主体、通知有关监管机构等。

 

未成年的个人信息

我们非常重视对未成年人的个人信息的保护，我们不会直接收集您监护的未成年人（未满14周岁）的个人信息。若您要求我们为您监护的未成年人提供服务，我们需要根据个法得到您（即父母或其他监护人）的同意后才能收集、使用未成年人的个人信息提供该要求的服务。

如果您在接受我们服务时主动将您监护的未成年人的个人信息提供给我们，视为您已同意我们按照《隐私声明》所述使用和处理您监护的未成年人的个人信息。

 

个人信息主体权利的例外

我们将尽最大努力在法律允许的范围内保障您作为个人信息主体的权利。但是，根据中国相关法律法规，在以下情形中，我们将无法响应您的请求：

1. 与国家安全、国防安全直接相关的
2. 与公共安全、公共卫生和重大公共利益直接相关
3. 与刑事侦查、起诉、追查、判决执行直接相关
4. 为保护您或其他个人的生命、财产等重大合法权益，且难以取得您或他人同意

 

The controllers for your personal information are Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and the Fragomen office providing the services to you. Our representative in the European Union is Fragomen Ireland Limited , Riverside 4, Ground Floor, Central Quay, Sir John Rogerson’s Quay, Grand Canal Dock, Dublin, Republic of Ireland. If you have any questions or comments about this Privacy Notice directed at any of the data controllers listed above, please contact our data protection officer by email at [email protected]. You also may write to us at:

 

Attn: Office of General Counsel

Fragomen, Del Rey, Bernsen & Loewy, LLP

90 Matawan Road

P.O. Box 2001

Matawan, New Jersey 07747 USA

We collect information on visitors to our websites through the use of cookies and similar technologies. We use this information to enable certain features of the websites, to understand how visitors use our websites and to allow us to improve the quality and content of our websites. For more information on our use of cookies and similar technologies, please consult our Cookie Notice.[1]

Marketing activity	Legal Basis
Existing private clients (an individual)	Contract with the data subject
Existing corporate clients	Opt-in and legitimate interest
After a marketing event (if not already existing clients)	Opt-in or consent as applicable
Online assessments	Consent

We use personal information for the following purposes:

• • • To provide you with information on services that may be relevant for you, to contact you about legal developments that may affect you, and to discuss potential business opportunities with you.
    • To perform online assessments for particular visas, where you have given your consent.
    • To contact you by email, telephone, or post in accordance with your consent, as specified by applicable law, and you may withdraw consent from receiving future marketing at any time.
    • Where necessary for our legitimate interests, and where these interests are not overridden by your data protection rights. For example, to understand the preferences of our clients and potential clients and to assess how they engage with our services. 

If you engage our client services, we use your personal information in accordance with the Fragomen Privacy Policy and Notice.[2]

We share some of your personal information with other Fragomen offices to provide you with information that will be relevant to your interests and to connect you with Fragomen lawyers or advisors who may be useful to you. For these purposes, your personal information will be processed in, or accessed from, Fragomen offices situated in jurisdictions that do not have equivalent data protection laws to those in your country of residence.

In addition, our global client relationship management systems are hosted by our offices in the United States. We safeguard your data within the Fragomen group of companies through the use of European Commission-approved standard contractual data protection clauses.

Your personal information will be shared with companies providing services under contract to us for the purposes described in this Privacy Notice that may be located in a different country than you. When transferring your personal information, we rely on European Commission-approved standard contractual data protection clauses with service providers or the service provider’s adherence to the EU recognized adequacy frameworks that protect your information. For further information, including to obtain a copy of the documents used to protect your information, please contact us as described in the How to contact us section below.

If you have any questions about our information handling practices or if you wish to access your personal information you should contact our Data Privacy Office at: [email protected].  

 

If you are based in the European Union

You have the right to ask us for a copy of your personal information; to correct, delete or restrict processing of your personal information; and to obtain the personal information you provide in a structured, machine readable format. In addition, you can object to the processing of your personal information in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement). Where we have asked for your consent, you may withdraw consent at any time.

These rights may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information which we are required by law or have compelling legitimate interests to keep. If you have unresolved concerns, you have the right to complain to a data protection authority where you reside, where you work or where you believe there has been an infringement of data protection laws.

We will retain your personal information only for as long as we need it for the purposes described in this Privacy Notice, after which we will take steps to delete your personal information or hold it in a form that no longer identifies you. If you engage our services, we will retain your personal information in accordance with the Fragomen Privacy Policy and Notice.

The controllers for your personal information are Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and the Fragomen office providing the services to you. Our representative in the European Union is Fragomen Ireland Limited , Riverside 4, Ground Floor, Central Quay, Sir John Rogerson’s Quay, Grand Canal Dock, Dublin, Republic of Ireland. If you have any questions or comments about this Privacy Notice directed at any of the data controllers listed above, please contact our data protection officer by email at [email protected]. You also may write to us at:

 

Attn: Office of General Counsel

Fragomen, Del Rey, Bernsen & Loewy, LLP

90 Matawan Road

P.O. Box 2001

Matawan, New Jersey 07747 USA

EFFECTIVE DATE: May 22, 2023

Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen LLP, Fragomen Global LLP, Fragomen Global Immigration Services, LLC and their local entities, members and affiliates (collectively, “Fragomen”) use “cookies” on our websites.  

 

WHAT ARE COOKIES? 

Cookies are small pieces of information, normally consisting of letters and numbers, which online services provide when users visit them. Software on the user's device (for example, via the web browser) can store cookies and send them back to the website next time they visit.

 

HOW WE USE COOKIES

We use cookies to ensure our websites function properly and to improve user experience. We may use cookies to tell us, for example, whether you have visited us before and to help us identify site features in which you may have the greatest interest.

We use “session cookies,” which will expire when you close your browser. We also use “persistent cookies,” which have a set expiration date and will be stored on your browser, mobile device or computer until the date is reached, or you delete your cookies.

 

WHAT COOKIES WE USE

Below is a list of the types of cookies used on our websites:

 

STRICTLY NECESSARY COOKIES

Strictly Necessary Cookies are cookies that must be present for the website to function. They cannot be switched off in our systems as this would impact the services being provided to you. There are two types of Strictly Necessary Cookies that Fragomen uses:

 

Session Cookie

Our websites use session cookies to maintain information about each visit to our websites and enable essential functionality. This cookie does not contain any personal information and is deleted as soon as you close your web browser.

 

Load Balancer Cookie

This sessional cookie is essential to help ensure that our websites load efficiently by distributing visits across multiple web servers. The cookie does not contain any personal information and is deleted as soon as you close your web browser.

 

PERFORMANCE / ANALYTICAL COOKIES

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous.

We seek your consent to use Google Analytics, a service provided by Google, to allow us to improve the quality and content of our websites. 

These cookies are used so Fragomen can collect information about how people access our website for example, the number of users on a website, how long they stay on the site for, and what parts of the site they visit.

For further information about the sessional and persistent cookies used as part of Google Analytics, as well as information about how Google uses this information, please see: https://www.google.com/policies/technologies/types/

 

YOUR CONSENT

The first time you visit our website you will be given the opportunity to provide consent to all cookies or to disable some cookies via the pop up ‘Privacy Preference Center’. Optional cookies are set to “off” as the default and you may slide the button to “on” to activate the cookie. If you wish to withdraw your consent at any stage, you will need to toggle ‘off’ the settings in ‘Privacy Preference Center’ as described below.

 

CHANGING YOUR COOKIE PREFERENCES

Should you wish to change your cookie preferences, you may do so by scrolling down to the bottom of the page and click on the bottom left corner the ‘Cookies Settings’ button. You’ll be offered the list of cookies that you can activate or disable, as you wish. Most browsers will also tell you how to stop accepting new cookies, be notified when you receive a new cookie, delete existing cookies and block all cookies. Please note, however, that without cookies, you may not be able to take advantage of all our website features.

 

UPDATES TO OUR COOKIE NOTICE

This Cookies Notice may be updated periodically without prior notice to you to reflect changes in our information practices.  We will post a notice on our applicable websites or materials to advise of any significant changes to our Cookies Notice and indicate in the notice when it was most recently updated.  While this Cookies Notice is designed to comply with most data privacy laws and represents “best practices,” in certain countries additional or different procedures not inconsistent with this Cookies Notice may apply as necessary to satisfy local legal requirements.

 

HOW TO CONTACT US

The controllers for your personal information are Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and the Fragomen office providing the services to you. Our representative in the European Union is Fragomen Ireland Limited , Riverside 4, Ground Floor, Central Quay, Sir John Rogerson’s Quay, Grand Canal Dock, Dublin, Republic of Ireland. If you have any questions or comments about this Privacy Notice directed at any of the data controllers listed above, please contact our data protection officer by email at [email protected]. You also may write to us at:

 

Attn: Office of General Counsel

Fragomen, Del Rey, Bernsen & Loewy, LLP

90 Matawan Road

P.O. Box 2001

Matawan, New Jersey 07747 USA