Tafapolsky & Smith LLP Privacy Policy

Last Modified: January 4, 2022   Tafapolsky & Smith LLP and any affiliates or subsidiaries (“T&S,” “Company,” “we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by us to provide immigration legal services (“Services”).   Table of Contents: What information we […]

Last Modified: January 4, 2022

 

Tafapolsky & Smith LLP and any affiliates or subsidiaries (“T&S,” “Company,” “we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains how your personal information is collected, used, and disclosed by us to provide immigration legal services (“Services”).

 

Table of Contents:

  • What information we collect about you
  • Our lawful basis for processing that information
  • How we use information we collect
  • How we share information we collect
  • How we store and retain information we collect
  • How to access and control your information
  • Other important privacy information

 

This Privacy Policy applies to your use of T&S for immigration services and your interactions with our team on any medium, including email and our helix™ online system. This Privacy Policy only applies to systems under the control of T&S and does not apply to any third-party websites, services, or applications, such as those maintained by your employer.

By accessing or using our Services, you signify that you have read, understood, and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy​. If you provide personal information about your spouse or children, you should first obtain their consent and, if appropriate, share this Privacy Policy with them.

 

What information we collect about you

We collect information about you when you provide it to us and when your employer or immigration sponsor provides it to us, as further described below.

 

Information you provide to us:

We collect personal information you provide us to provide our Services through 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. This includes, but is not limited to personal information such as name, address, email, telephone number, date of birth, passport number, educational background, employee number, and immigration status.

This information may include sensitive or special categories of information, which is required by Governments to provide you the requested Services.

 

Information we obtain about you:

We also obtain personal information about you from third-party sources, such as former employers, educational institutions you attended, relocation companies, and your current or prospective employer.

The information we obtain from your current or prospective employer (the sponsor of immigration projects we undertake on your behalf) generally includes current or prospective job title, job code or classification, job description, employee ID, email address, work address and phone number, manager name and contact information, offer letter, compensation information, job history, and any travel or telecommuting requirements or permissions associated with your current or prospective position.

 

Other information:

We use cookies and related technologies on our website and other web-based interfaces—such as helix™, our online case management system. We use these technologies to understand how many users visit our sites and the pages they access so that we can best tailor our web services to our visitors.

 

Our lawful basis for processing your information

We process your information under the following legal bases:

  • With your consent to process for the specific purposes listed in this Privacy Policy;
  • Where processing is necessary for the performance of a contract;
  • Where processing is necessary for compliance with a legal obligation; and
  • Where processing is necessary for the legitimate interest, particularly related to employment conditions.

 

How we use information we collect

We collect certain personal information about you—and, if required, your family members and employer—for the purposes of providing immigration consulting and legal services. We will not be able to provide the services requested if we do not have all relevant personal information.

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 international transfers and other immigration 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 use your information to comply with our contractual agreements with our clients and to help them ensure compliance with immigration law. 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 (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.

 

Other ways of using your information:

We use personal information we collect and process for client and internal administration, compliance audits, adherence to policies and procedures, ensuring the security and integrity of our services, and in ensuring that our IT systems function effectively. In addition, we process your personal information with your consent, such as when we use your contact details to respond to a request or question by you, or where required by law.

 

To protect our legitimate business interests and legal rights​:

Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.

 

How we share information we collect

To provide you with our Services we will need to share your information with certain third parties, including Governments. We share information we collect about you in the ways discussed below, but we don’t sell or otherwise share information with advertisers or other third parties. We require any of our direct service providers to adhere to any privacy and security requirements governing the collection, use, and processing of your information. 

 

Sharing with third parties, our service providers, and your employer:

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 affiliates (if necessary) and your current or prospective employer, or a third party as your employer instructs us, only to the extent that it is appropriate or necessary in connection with the services we provide 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 any 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, T&S discloses personal information to government agencies as well as your former, current, or prospective employer (our client) 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.

 

With your consent:

We may share information about you with additional third parties when you give us consent to do so.

 

Compliance with enforcement requests and applicable laws; enforcement of our rights:

In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property, or personal safety of Company, our visitors, or others.

 

How we store and retain information we collect

 

Information storage and data transfers:

We use data hosting service providers in the United States to host the information we collect, and we incorporate technical measures to secure your data.

If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S or any other country in which T&S or our service providers maintain facilities. This Privacy Policy and required data protection safeguards continue to apply regardless of whether data is transferred.

 

Data Retention:

 We will retain your personal information for as long as necessary to provide you and your employer, prospective employer, or immigration sponsor with the requested immigration services. We may also retain your information as necessary to comply with legal and other compliance obligations, to resolve disputes and enforce agreements, or for other authorized uses under this Privacy Policy for which we have a valid business purpose.

 

How to access and control your information

You have certain rights, choices, and means available to you when it comes to your information, including the use and disclosure of that data. Below is a summary of those choices, how to exercise them and any limitations.

You may also have certain rights and choices regarding our processing of your information, including the right to:

  • Know the categories and/or specific pieces of information collected about you, including whether your Information is sold or disclosed, and with whom your Personal Information was shared
  • Access a copy of the Personal Information we retain about you
  • Request deletion of your Personal Information
  • Correct or amend your Personal Information
  • Object to certain uses of your Personal Information

To exercise any of these rights please contact [email protected].

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

Your Choices​:

Your choices may be limited in certain circumstances. For example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your employer are required by law to retain or have compelling legitimate interests to keep, we may deny your request. Where you have asked us to share data with third parties, for example, by submitting applications for immigration benefits on your behalf, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work, or where you feel your rights were infringed.

 

Access and update your information​:

We strive to maintain the accuracy of information. If your personal information changes, please contact a T&S representative to update your information. We also perform a legal analysis of the potential impact of any changes (such as change in residence address or job title) and therefore request that you notify us as soon as possible of any potential changes to your personal information.

 

Delete your Information:

To delete your information, please send an email to [email protected] We will review your request and respond within a short period. Please note, T&S is mandated to retain most of the personal information we process to meet legal obligations and may not be able to honor your request.

 

Other important privacy information

 

Notice to End Users:

Where the Services are made available to you through an organization (e.g. your current or prospective employer), that organization has access to and control over the data provided to us, including, but not limited to helix™.

Organization (Employer) users may be able to:

  • restrict, suspend or terminate your access to the Services;
  • access information in and about your account;
  • run reports that include your information;
  • access or retain information about you and your family members that is stored as part of your account;
  • change or instruct T&S to change the email address associated with your account; and
  • change or instruct T&S to change your information, including profile information that is associated with the organization.

Please contact your sponsoring organization if you have questions about how it may use your data.

 

European Union and United Kingdom Residents:

Residents of the European Union and United Kingdom may have additional rights, including a right to an independent dispute mechanism to resolve complaints, and the right to choose whether information collected about you is used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized.

For certain processing activities, we agree to comply with, and you may have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

 

Your Acceptance of These Terms:

By using our Services, you accept and agree to this Privacy Policy.

 

Changes to this Privacy Policy:

We reserve the right to revise this Privacy Policy from time to time. We will post changes on this page and indicate the “last modified” date at the top of this page. Please check back often for any updates. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically, and that your continued use of our Services after any change in this Privacy Policy will constitute your acceptance of such change.

 

Contact Us:

If you have any questions about this Privacy Policy, please contact us at [email protected].

Key Contacts

Alan Tafapolsky

Partner

Robin Paulino

Partner

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